940.42 Intimidation of witnesses; misdemeanor. Except as provided in s. 940.43, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade any witness from attending or giving testimony at any trial, proceeding or inquiry authorized by law, is guilty of a Class A misdemeanor.
History: 1981 c. 118.
When a mother and child were to testify against the defendant and the defendant sent letters to the mother urging that she and the child not testify, regardless of whether the letters were addressed to the child or the child was aware of the letter's contents, the defendant attempted to dissuade the child through her mother. As the mother of the minor child had the parental responsibility and practical authority to monitor communications by third parties with the child and to influence whether the child cooperated with the court proceedings, there was sufficient evidence to convict. State v. Moore, 2006 WI App 61, 292 Wis. 2d 101, 713 N.W.2d 131, 04-3227.
This section supports charging a person with a separate count for each letter sent, and each other act performed, for the purpose of attempting to dissuade any witness from attending or giving testimony at a court proceeding or trial. State v. Moore, 2006 WI App 61, 292 Wis. 2d 101, 713 N.W.2d 131, 04-3227.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 940 - Crimes against life and bodily security.
940.01 - First-degree intentional homicide.
940.02 - First-degree reckless homicide.
940.05 - Second-degree intentional homicide.
940.06 - Second-degree reckless homicide.
940.07 - Homicide resulting from negligent control of vicious animal.
940.08 - Homicide by negligent handling of dangerous weapon, explosives or fire.
940.09 - Homicide by intoxicated use of vehicle or firearm.
940.10 - Homicide by negligent operation of vehicle.
940.11 - Mutilating or hiding a corpse.
940.16 - Partial-birth abortion.
940.19 - Battery; substantial battery; aggravated battery.
940.198 - Physical abuse of an elder person.
940.20 - Battery: special circumstances.
940.201 - Battery or threat to witnesses.
940.203 - Battery or threat to an officer of the court or law enforcement officer.
940.204 - Battery or threat to health care providers and staff.
940.205 - Battery or threat to department of revenue employee.
940.208 - Battery to certain employees of counties, cities, villages, or towns.
940.22 - Sexual exploitation by therapist; duty to report.
940.235 - Strangulation and suffocation.
940.24 - Injury by negligent handling of dangerous weapon, explosives or fire.
940.25 - Injury by intoxicated use of a vehicle.
940.285 - Abuse of individuals at risk.
940.29 - Abuse of residents of penal facilities.
940.291 - Law enforcement officer; failure to render aid.
940.295 - Abuse and neglect of patients and residents.
940.315 - Global positioning devices.
940.34 - Duty to aid victim or report crime.
940.42 - Intimidation of witnesses; misdemeanor.
940.43 - Intimidation of witnesses; felony.
940.44 - Intimidation of victims; misdemeanor.
940.45 - Intimidation of victims; felony.
940.46 - Attempt prosecuted as completed act.