946.415 Failure to comply with officer's attempt to take person into custody.
(1) In this section, “officer" has the meaning given in s. 946.41 (2) (b).
(2) Whoever intentionally does all of the following is guilty of a Class I felony:
(a) Refuses to comply with an officer's lawful attempt to take him or her into custody.
(b) Retreats or remains in a building or place and, through action or threat, attempts to prevent the officer from taking him or her into custody.
(c) While acting under pars. (a) and (b), remains or becomes armed with a dangerous weapon or threatens to use a dangerous weapon regardless of whether he or she has a dangerous weapon.
History: 1995 a. 93; 2001 a. 109.
This section delineates one crime: a suspect's armed, physical refusal to be taken into custody. It can be committed by action or threat, which are alternative ways of threatening an officer to avoid being taken into custody. A jury instruction requiring unanimity on which occurred is not required. State v. Koeppen, 2000 WI App 121, 237 Wis. 2d 418, 614 N.W.2d 530, 99-0418.
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