939.63

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939.63 Penalties; use of a dangerous weapon.

939.63(1)(a)

(a) The maximum term of imprisonment for a misdemeanor may be increased by not more than 6 months.

939.63(1)

(1) If a person commits a crime while possessing, using or threatening to use a dangerous weapon, the maximum term of imprisonment prescribed by law for that crime may be increased as follows:

939.63(1)(b)

(b) If the maximum term of imprisonment for a felony is more than 5 years or is a life term, the maximum term of imprisonment for the felony may be increased by not more than 5 years.

939.63(1)(c)

(c) If the maximum term of imprisonment for a felony is more than 2 years, but not more than 5 years, the maximum term of imprisonment for the felony may be increased by not more than 4 years.

939.63(1)(d)

(d) The maximum term of imprisonment for a felony not specified in para. (b) or (c) may be increased by not more than 3 years.

939.63(2)

(2) The increased penalty provided in this section does not apply if possessing, using or threatening to use a dangerous weapon is an essential element of the crime charged.

939.63(3)

(3) This section applies only to crimes specified under chs. 939 to 951 and 961.