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Wisconsin Statutes Crimes (Ch. 938 to 951) § 939.32. Attempt

Current as of January 01, 2022 | Updated by FindLaw Staff

(1) Generally. Whoever attempts to commit a felony or a crime specified in s. 940.19, 940.195, 943.20, or 943.74 may be fined or imprisoned or both as provided under sub. (1g), except:

(a) Whoever attempts to commit a crime for which the penalty is life imprisonment is guilty of a Class B felony.

(bm) Whoever attempts to commit a Class I felony, other than one to which a penalty enhancement statute listed in s. 973.01(2)(c)2. a. or b. is being applied, is guilty of a Class A misdemeanor.

(c) Whoever attempts to commit a crime under ss. 940.42 to 940.45 is subject to the penalty for the completed act, as provided in s. 940.46.

(cm) Whoever attempts to commit a crime under s. 941.21 is subject to the penalty provided in that section for the completed act.

(cr) Whoever attempts to commit a crime under s. 948.055(1) is subject to the penalty for the completed act, as provided in s. 948.055(2).

(d) Whoever attempts to commit a crime under s. 948.07 is subject to the penalty provided in that section for the completed act.

(de) Whoever attempts to commit a crime under s. 948.075(1r) is subject to the penalty provided in that subsection for the completed act.

(e) Whoever attempts to commit a crime under s. 948.605(3)(a) is subject to the penalty provided in that paragraph for the completed act.

(f) Whoever attempts to commit a crime under s. 946.79 is subject to the penalty provided in that section for the completed act.

(g) Whoever attempts to commit a crime under s. 101.10(3)(e) is subject to the penalty for the completed act, as provided in s. 101.10(4)(b).

(1g) Maximum penalty. The maximum penalty for an attempt to commit a crime that is punishable under sub. (1)(intro.) is as follows:

(a) The maximum fine is one-half of the maximum fine for the completed crime.

(b)1. If neither s. 939.62(1) nor s. 961.48 is being applied, the maximum term of imprisonment is one-half of the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01(2)(c)2. a. and b., for the completed crime.

2. If either s. 939.62(1) or 961.48 is being applied, the maximum term of imprisonment is determined by the following method:

a. Multiplying by one-half the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01(2)(c)2. a. and b., for the completed crime.

b. Applying s. 939.62(1) or 961.48 to the product obtained under subd. 2. a.

(1m) Bifurcated sentences. If the court imposes a bifurcated sentence under s. 973.01(1) for an attempt to commit a crime that is punishable under sub. (1)(intro.), the following requirements apply:

(a) Maximum term of confinement for attempt to commit classified felony. 1. Subject to the minimum term of extended supervision required under s. 973.01(2)(d), if the crime is a classified felony and neither s. 939.62(1) nor s. 961.48 is being applied, the maximum term of confinement in prison is one-half of the maximum term of confinement in prison specified in s. 973.01(2)(b), as increased by any penalty enhancement statute listed in s. 973.01(2)(c)2.a. and b., for the classified felony.

2. Subject to the minimum term of extended supervision required under s. 973.01(2)(d), if the crime is a classified felony and either s. 939.62(1) or 961.48 is being applied, the court shall determine the maximum term of confinement in prison by the following method:

a. Multiplying by one-half the maximum term of confinement in prison specified in s. 973.01(2)(b), as increased by any penalty enhancement statutes listed in s. 973.01(2)(c)2. a. and b., for the classified felony.

b. Applying s. 939.62(1) or 961.48 to the product obtained under subd. 2. a.

(b) Maximum term of extended supervision for attempt to commit classified felony. The maximum term of extended supervision for an attempt to commit a classified felony is one-half of the maximum term of extended supervision for the completed crime under s. 973.01(2)(d).

(c) Maximum term of confinement for attempt to commit unclassified felony or misdemeanor. The court shall determine the maximum term of confinement in prison for an attempt to commit a crime other than a classified felony by applying s. 973.01(2)(b)10. to the maximum term of imprisonment calculated under sub. (1g)(b).

(2) Misdemeanor computer crimes. Whoever attempts to commit a misdemeanor under s. 943.70 is subject to:

(a) A Class D forfeiture if it is the person's first violation under s. 943.70.

(b) A Class C forfeiture if it is the person's 2nd violation under s. 943.70.

(c) A Class B forfeiture if it is the person's 3rd violation under s. 943.70.

(d) A Class A forfeiture if it is the person's 4th or subsequent violation under s. 943.70.

(2m) Misdemeanor crimes against financial institution. Whoever attempts to commit a crime under s. 943.81, 943.82(1), 943.83, or 943.84 that is a Class A misdemeanor under s. 943.91(1) is subject to the penalty for a Class B misdemeanor.

(3) Requirements. An attempt to commit a crime requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute such crime and that the actor does acts toward the commission of the crime which demonstrate unequivocally, under all the circumstances, that the actor formed that intent and would commit the crime except for the intervention of another person or some other extraneous factor.

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Cite this article: FindLaw.com - Wisconsin Statutes Crimes (Ch. 938 to 951) § 939.32. Attempt - last updated January 01, 2022 | https://codes.findlaw.com/wi/crimes-ch-938-to-951/wi-st-939-32/

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