Wisconsin Statutes 346.17 – Penalty for violating sections 346.04 to 346.16
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Wisconsin Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | up to 25 years | up to $100,000 |
| Class E felony | up to 15 years | up to $50,000 |
| Class G felony | up to 10 years | up to $25,000 |
| Class H felony | up to 6 years | up to $10,000 |
Terms Used In Wisconsin Statutes 346.17
- Conviction: A judgement of guilt against a criminal defendant.
- Highway: includes all public ways and thoroughfares and all bridges upon the same. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 990.01
(1) Except as provided in subs. (5) and (6), any person violating s. 346.04 (1) or (2), 346.06, 346.12 or 346.13 (1) or (3) may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.
(2) Except as provided in sub. (6), any person violating ss. 346.05, 346.07 (2) or (3), 346.072, 346.08, 346.09, 346.10 (2) to (4), 346.11, 346.13 (2) or 346.14 to 346.16 may be required to forfeit not less than $30 nor more than $300.
(2m) Any person violating s. 346.10 (1) shall forfeit not less than $60 nor more than $600.
(2t) Any person violating s. 346.04 (2t) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
(3)
(a) Except as provided in par. (b), (c) or (d), any person violating s. 346.04 (3) is guilty of a Class H felony.
(b) If the violation results in bodily harm, as defined in s. 939.22 (4), to another, or causes damage to the property of another, as defined in s. 939.22 (28), the person is guilty of a Class G felony.
(c) If the violation results in great bodily harm, as defined in s. 939.22 (14), to another, the person is guilty of a Class E felony. The court shall impose a bifurcated sentence under s. 973.01, and the confinement portion of the bifurcated sentence imposed on the person shall be not less than one year and 6 months.
(d) If the violation results in the death of another, the person is guilty of a Class D felony. The court shall impose a bifurcated sentence under s. 973.01, and the confinement portion of the bifurcated sentence imposed on the person shall be not less than 2 years and 6 months.
(4) Any person violating s. 346.075 may be required to forfeit not less than $25 nor more than $200 for the first offense and not less than $50 nor more than $500 for the 2nd or subsequent violation within 4 years.
(5)
(a) Except as provided in par. (b), if an operator of a vehicle violates s. 346.04 (1) or (2) where persons engaged in work in a highway maintenance or construction area, railroad maintenance or construction area, utility work area, or emergency or roadside response area are at risk from traffic, any applicable minimum and maximum forfeiture specified in sub. (1) for the violation shall be doubled.
(b) If an operator of a vehicle violates s. 346.04 (1) or (2) where persons engaged in work in a highway maintenance or construction area, railroad maintenance or construction area, utility work area, or emergency or roadside response area are at risk from traffic and the violation results in bodily harm, as defined in s. 939.22 (4), to another, the operator may be fined not more than $10,000 or imprisoned for not more than 9 months, or both. In addition to the penalties specified under this paragraph, a court may also order a person convicted under this paragraph to perform not fewer than 100 nor more than 200 hours of community service work and attend traffic safety school, as provided under s. 345.60.
(6)
(a) If a person violates s. 346.05 (1), 346.06, 346.07 (2) or (3), or 346.09 and the violation results in great bodily harm, as defined in s. 939.22 (14), to another, the person shall forfeit $500.
(b) If a person violates s. 346.05 (1), 346.06, 346.07 (2) or (3), or 346.09 and the violation results in death to another, the person shall forfeit $1,000.