939.45. Privilege | Statutes | Westlaw

939.45. Privilege | Statutes | Westlaw

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939.45. Privilege

WI ST 939.45West's Wisconsin Statutes AnnotatedCrimes (Ch. 938 to 951) (Approx. 2 pages)

939.45. Privilege

WI ST 939.45West's Wisconsin Statutes AnnotatedCrimes (Ch. 938 to 951) (Approx. 2 pages)

West's Wisconsin Statutes Annotated
Crimes (Ch. 938 to 951)
Chapter 939. Crimes--General Provisions (Refs & Annos)
Subchapter III. Defenses to Criminal Liability
W.S.A. 939.45
939.45. Privilege
Currentness
The fact that the actor's conduct is privileged, although otherwise criminal, is a defense to prosecution for any crime based on that conduct. The defense of privilege can be claimed under any of the following circumstances:
(1) When the actor's conduct occurs under circumstances of coercion or necessity so as to be privileged under s. 939.46 or 939.47; or
(2) When the actor's conduct is in defense of persons or property under any of the circumstances described in s. 939.48 or 939.49; or
(3) When the actor's conduct is in good faith and is an apparently authorized and reasonable fulfillment of any duties of a public office; or
(4) When the actor's conduct is a reasonable accomplishment of a lawful arrest; or
(5)(a) In this subsection:
1. “Child” has the meaning specified in s. 948.01(1).
3. “Person responsible for the child's welfare” includes the child's parent, stepparent or guardian; an employee of a public or private residential home, institution or agency in which the child resides or is confined or that provides services to the child; or any other person legally responsible for the child's welfare in a residential setting.
(b) When the actor's conduct is reasonable discipline of a child by a person responsible for the child's welfare. Reasonable discipline may involve only such force as a reasonable person believes is necessary. It is never reasonable discipline to use force which is intended to cause great bodily harm or death or creates an unreasonable risk of great bodily harm or death.
(6) When for any other reason the actor's conduct is privileged by the statutory or common law of this state.

Credits

<<For credits, see Historical Note field.>>
W. S. A. 939.45, WI ST 939.45
Current through 2023 Act 140, except Acts 119-121, 126-128, 130-131, 135-138, published March 22, 2024.
End of Document© 2024 Thomson Reuters. No claim to original U.S. Government Works.