Wis. Stat. § 946.47

Current through Acts 2023-2024, ch. 272
Section 946.47 - Harboring or aiding felons
(1) Whoever does either of the following may be penalized as provided in sub. (2m):
(a) With intent to prevent the apprehension of a felon, harbors or aids him or her; or
(b) With intent to prevent the apprehension, prosecution or conviction of a felon, destroys, alters, hides, or disguises physical evidence or places false evidence.
(2) As used in this section "felon" means either of the following:
(a) A person who commits an act within the jurisdiction of this state which constitutes a felony under the law of this state; or
(b) A person who commits an act within the jurisdiction of another state which is punishable by imprisonment for one year or more in a state prison or penitentiary under the law of that state and would, if committed in this state, constitute a felony under the law of this state.
(2m) Whoever violates sub. (1) is guilty of the following:
(a) A Class G felony, if the offense committed by the felon being aided is, or would have been if the offense had been committed in this state, any of the following:
1. A Class A, B, C, or D felony.
2. An unclassified felony that is punishable by a sentence of life imprisonment.
(b) A Class I felony, if the offense committed by the felon being aided is, or would have been if the offense had been committed in this state, any of the following:
1. A Class E, F, G, H, or I felony.
2. An unclassified felony that is not punishable by a sentence of life imprisonment.

Wis. Stat. § 946.47

1977 c. 173; 1993 a. 486; 1999 a. 162; 2001 a. 109.

A person may be a "felon" under sub. (2) (a) even though not convicted of a felony. State v. Jones, 98 Wis. 2d 679, 298 N.W.2d 100 (Ct. App. 1980). The application of this section is not restricted to persons wanted for conduct constituting a felony for which there has been no conviction, but also applies to persons previously convicted of a felony who are sought for other reasons. State v. Schmidt, 221 Wis. 2d 189, 585 N.W.2d 16 (Ct. App. 1998), 97-3131.