939.645 Penalty; crimes committed against certain people or property.
(1) If a person does all of the following, the penalties for the underlying crime are increased as provided in sub. (2):
(a) Commits a crime under chs. 939 to 948.
(b) Intentionally selects the person against whom the crime under par. (a) is committed or selects the property that is damaged or otherwise affected by the crime under par. (a) in whole or in part because of the actor's belief or perception regarding the race, religion, color, disability, sexual orientation, national origin or ancestry of that person or the owner or occupant of that property, whether or not the actor's belief or perception was correct.
(2)
(a) If the crime committed under sub. (1) is ordinarily a misdemeanor other than a Class A misdemeanor, the revised maximum fine is $10,000 and the revised maximum term of imprisonment is one year in the county jail.
(b) If the crime committed under sub. (1) is ordinarily a Class A misdemeanor, the penalty increase under this section changes the status of the crime to a felony and the revised maximum fine is $10,000 and the revised maximum term of imprisonment is 2 years.
(c) If the crime committed under sub. (1) is a felony, the maximum fine prescribed by law for the crime may be increased by not more than $5,000 and the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 5 years.
(3) This section provides for the enhancement of the penalties applicable for the underlying crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in sub. (1).
(4) This section does not apply to any crime if proof of race, religion, color, disability, sexual orientation, national origin or ancestry or proof of any person's perception or belief regarding another's race, religion, color, disability, sexual orientation, national origin or ancestry is required for a conviction for that crime.
History: 1987 a. 348; 1991 a. 291; 2001 a. 109.
When two penalty enhancers are applicable to the same crime, the length of the second penalty enhancer is based on the maximum term for the base crime as extended by the first penalty enhancer. State v. Quiroz, 2002 WI App 52, 251 Wis. 2d 245, 641 N.W.2d 715, 01-1549.
The “hate crimes" law, this section, does not unconstitutionally infringe upon free speech. Wisconsin v. Mitchell, 508 U.S. 476, 113 S. Ct. 2194, 124 L. Ed. 2d 436 (1993).
Hate Crimes—New Limits on the Scope of First Amendment Protection? Resler. 77 MLR 415 (1994).
Put to the Proof: Evidentiary Considerations in Wisconsin Hate Crime Prosecutions. Read. 89 MLR 453 (2005).
Talking About Hate Speech: A Rhetorical Analysis of American and Canadian Approaches to the Regulation of Hate Speech. Moran. 1994 WLR 1425.
Hate Crimes. Kassel. Wis. Law. Oct. 1992.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 939 - Crimes — general provisions.
939.01 - Name and interpretation.
939.03 - Jurisdiction of state over crime.
939.10 - Common law crimes abolished; common law rules preserved.
939.14 - Criminal conduct or contributory negligence of victim no defense.
939.20 - Provisions which apply only to chapters 939 to 951.
939.22 - Words and phrases defined.
939.24 - Criminal recklessness.
939.44 - Adequate provocation.
939.48 - Self-defense and defense of others.
939.49 - Defense of property and protection against retail theft.
939.50 - Classification of felonies.
939.51 - Classification of misdemeanors.
939.52 - Classification of forfeitures.
939.60 - Felony and misdemeanor defined.
939.61 - Penalty when none expressed.
939.615 - Lifetime supervision of serious sex offenders.
939.616 - Mandatory minimum sentence for child sex offenses.
939.617 - Minimum sentence for certain child sex offenses.
939.618 - Mandatory minimum sentence for repeat serious sex crimes.
939.619 - Mandatory minimum sentence for repeat serious violent crimes.
939.6195 - Mandatory minimum sentence for repeat firearm crimes.
939.62 - Increased penalty for habitual criminality.
939.621 - Increased penalty for certain domestic abuse offenses.
939.623 - Increased penalty for elder person victims.
939.63 - Penalties; use of a dangerous weapon.
939.632 - Penalties; violent crime in a school zone.
939.635 - Increased penalty for certain crimes against children committed by a child care provider.
939.645 - Penalty; crimes committed against certain people or property.
939.65 - Prosecution under more than one section permitted.
939.66 - Conviction of included crime permitted.
939.70 - Presumption of innocence and burden of proof.
939.71 - Limitation on the number of convictions.
939.72 - No conviction of both inchoate and completed crime.
939.73 - Criminal penalty permitted only on conviction.