971.03 Form of information. The information may be in the following form:
STATE OF WISCONSIN,
.... County,
In .... Court.
The State of Wisconsin
vs.
.... (Name of defendant).
I, .... district attorney for said county, hereby inform the court that on the .... day of ...., in the year .... (year), at said county the defendant did (state the crime) .... contrary to section .... of the statutes.
Dated ...., .... (year),
.... District Attorney
History: 1997 a. 250.
An information charging attempt is sufficient if it alleges the attempt plus the elements of the attempted crime. Wilson v. State, 59 Wis. 2d 269, 208 N.W.2d 134 (1973).
When a victim's name was correctly spelled in the complaint but wrong on the information, the variance was immaterial. State v. Bagnall, 61 Wis. 2d 297, 212 N.W.2d 122 (1973).
The law does not require that the information specify with particularity upon which dates the course of conduct occurred. In drafting an information, the state should not have to spell out every act that would comprise an element of the crime. Instead, allegations of the elements of the crime charged will suffice. State v. Conner, 2009 WI App 143, 321 Wis. 2d 449, 775 N.W.2d 105, 08-1296.
While citation to a specific statute may be the preferred practice, failure to specifically cite to a statute in the information and complaint is harmless error when there is no prejudice to the defendant. State v. Elverman, 2015 WI App 91, 366 Wis. 2d 169, 873 N.W.2d 528, 14-0354.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 971 - Criminal procedure — proceedings before and at trial.
971.01 - Filing of the information.
971.02 - Preliminary examination; when prerequisite to an information or indictment.
971.027 - Protected information.
971.04 - Defendant to be present.
971.08 - Pleas of guilty and no contest; withdrawal thereof.
971.09 - Plea of guilty to offenses committed in several counties.
971.095 - Consultation with and notices to victim.
971.105 - Child victims and witnesses; duty to expedite proceedings.
971.109 - Freezing assets of a person charged with financial exploitation of an elder person.
971.11 - Prompt disposition of intrastate detainers.
971.12 - Joinder of crimes and of defendants.
971.14 - Competency proceedings.
971.15 - Mental responsibility of defendant.
971.16 - Examination of defendant.
971.165 - Trial of actions upon plea of not guilty by reason of mental disease or defect.
971.17 - Commitment of persons found not guilty by reason of mental disease or mental defect.
971.18 - Inadmissibility of statements for purposes of examination.
971.20 - Substitution of judge.
971.22 - Change of place of trial.
971.223 - Change of place of trial for certain violations.
971.225 - Jury from another county.
971.23 - Discovery and inspection.
971.27 - Lost information, complaint or indictment.
971.31 - Motions before trial.
971.315 - Inquiry upon dismissal.
971.32 - Ownership, how alleged.
971.33 - Possession of property, what sufficient.
971.36 - Theft; pleading and evidence; subsequent prosecutions.
971.365 - Crimes involving certain controlled substances.
971.366 - Use of another's personal identifying information: charges.
971.367 - False statements to financial institutions: charges.
971.37 - Deferred prosecution programs; domestic abuse and child sexual abuse.
971.375 - Deferred prosecution agreements; sanctions.
971.38 - Deferred prosecution program; community service work.
971.39 - Deferred prosecution program; agreements with department.
971.40 - Deferred prosecution agreement; placement with volunteers in probation program.