939.32 Attempt.
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/wi/chapter-939/939-32-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
939.32 Attempt.
(1)Generally. Whoever attempts to commit a felony or a crime specified in s. 940.60 , 940.65 , 943.20 , or 943.74 or s. 940.19 , 2023 stats., or s. 940.195 , 2023 stats., may be fined or imprisoned or both as provided under sub.
(1g), except:
(a)Whoever attempts to commit a crime for which the penalty is life imprisonment is guilty of a Class B felony.
(bm)Whoever attempts to commit a Class I felony, other than one to which a penalty enhancement statute listed in s. 973.01
(c)2. a. or b. is being applied, is guilty of a Class A misdemeanor.
(c)Whoever attempts to commit a crime under ss. 940.42 to 940.45 is subject to the penalty for the completed act, as provided in s. 940.46 .
(cm)Whoever attempts to commit a crime under s. 941.21 is subject to the penalty provided in that section for the completed act.
(cr)Whoever attempts to commit a crime under s. 948.055
(1)is subject to the penalty for the completed act, as provided in s. 948.055
(2).
(d)Whoever attempts to commit a crime under s. 948.07 is subject to the penalty provided in that section for the completed act.
(de)Whoever attempts to commit a crime under s. 948.075
(1r)is subject to the penalty provided in that subsection for the completed act.
(e)Whoever attempts to commit a crime under s. 948.605
(a)is subject to the penalty provided in that paragraph for the completed act.
(f)Whoever attempts to commit a crime under s. 946.79 is subject to the penalty provided in that section for the completed act.
(g)Whoever attempts to commit a crime under s. 101.10
(e)is subject to the penalty for the completed act, as provided in s. 101.10
(b).
(1g)Maximum penalty. The maximum penalty for an attempt to commit a crime that is punishable under sub.
(1)(intro.) is as follows:
(a)The maximum fine is one-half of the maximum fine for the completed crime.
1. If neither s. 939.62
(1)nor s. 961.48 is being applied, the maximum term of imprisonment is one-half of the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01
(c)2. a. and b. , for the completed crime.
2. If either s. 939.62
(1)or 961.48 is being applied, the maximum term of imprisonment is determined by the following method:
a. Multiplying by one-half the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01
(c)2. a. and b. , for the completed crime.
b. Applying s. 939.62
(1)or 961.48 to the product obtained under subd. 2. a.
(1m)Bifurcated sentences. If the court imposes a bifurcated sentence under s. 973.01
(1)for an attempt to commit a crime that is punishable under sub.
(1)(intro.) , the following requirements apply:
(a)Maximum term of confinement for attempt to commit classified felony.
1. Subject to the minimum term of extended supervision required under s. 973.01
(d), if the crime is a classified felony and neither s. 939.62
(1)nor s. 961.48 is being applied, the maximum term of confinement in prison is one-half of the maximum term of confinement in prison specified in s. 973.01
(b), as increased by any penalty enhancement statute listed in s. 973.01
(c)2. a. and b. , for the classified felony.
2. Subject to the minimum term of extended supervision required under s. 973.01
(d), if the crime is a classified felony and either s. 939.62
(1)or 961.48 is being applied, the court shall determine the maximum term of confinement in prison by the following method:
a. Multiplying by one-half the maximum term of confinement in prison specified in s. 973.01
(b), as increased by any penalty enhancement statutes listed in s. 973.01
(c)2. a. and b. , for the classified felony.