951.18 Penalties.
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/wi/chapter-951/951-18-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
951.18 Penalties.
(1)Any person violating s. 951.02 , 951.025 , 951.03 , 951.04 , 951.05 , 951.06 , 951.07 , 951.09 , 951.10 , 951.11 , 951.13 , 951.14 or 951.15 is subject to a Class C forfeiture. Any person who violates any of these provisions within 3 years after a humane officer issues an abatement order under s. 173.11 prohibiting the violation of that provision is subject to a Class A forfeiture. Any person who intentionally or negligently violates any of those sections is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.02 , resulting in the mutilation, disfigurement or death of an animal, is guilty of a Class I felony. Any person who intentionally violates s. 951.02 or 951.06 , knowing that the animal that is the victim is used by a law enforcement agency to perform agency functions or duties and causing injury to the animal, is guilty of a Class I felony.
(2)Any person who violates s. 951.08
(2m)or
(3)is guilty of a Class A misdemeanor. Any person who violates s. 951.08
(1)or
(2)is guilty of a Class I felony for the first violation and is guilty of a Class H felony for the 2nd or subsequent violation.
(2m)Any person who violates s. 951.095 is subject to a Class B forfeiture. Any person who intentionally or negligently violates s. 951.095 , knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties or that the animal is a search and rescue dog, is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.095 , knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties or that the animal is a search and rescue dog and causing injury to the animal, is guilty of a Class H felony. Any person who intentionally violates s. 951.095 , knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties or that the animal is a search and rescue dog and causing death to the animal, is guilty of a Class G felony.
(2s)Any person who violates s. 951.097
(b)1. or
(a), knowing that the dog that is the victim is a service dog, is guilty of a Class B misdemeanor. Any person who violates s. 951.097
(b)2. ,
(b), or
(a), knowing that the dog that is the victim is a service dog, is guilty of a Class A misdemeanor. Any person who violates s. 951.097
(b)or
(a), knowing that the dog that is the victim is a service dog, is guilty of a Class I felony. Any person who violates s. 951.097
(b)or
(5), knowing that the dog that is the victim is a service dog, is guilty of a Class H felony.
(3)In addition to penalties applicable to this chapter under this section, a district attorney may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating this chapter.
(4)In addition to penalties applicable to this chapter under this section:
1. In this paragraph, “pecuniary loss” means any of the following:
a. All special damages, but not general damages, including the money equivalent of loss resulting from property taken, destroyed, broken, or otherwise harmed and out-of-pocket losses, such as medical expenses.
b. Reasonable out-of-pocket expenses incurred by the victim resulting from the filing of charges or cooperating in the investigation and prosecution of an offense under this chapter.
c. Expenses in keeping any animal that is involved in the crime.
d. In a case under s. 951.095 or 951.097 , the value of a replacement animal, if the affected animal is incapacitated or dead; the cost of training a replacement animal; or the cost of retraining the affected animal. The court shall base any determination of the value of a replacement service dog on the value of the service dog to the user and not on its cost or fair market value.
e. In a case under s. 951.095 or 951.097 , all related veterinary and care expenses.
f. In a case under s. 951.095 or 951.097 , the medical expenses of the animal’s user, the cost of training the animal’s user, and compensation for income lost by the animal’s user.
2. A sentencing court shall require a criminal violator to pay restitution to a person, including any local humane officer or society or county or municipal pound or a law enforcement officer or conservation warden, for any pecuniary loss suffered by the person as a result of the crime. This requirement applies regardless of whether the criminal violator is placed on probation under s. 973.09 . If restitution is ordered, the court shall consider the financial resources and future ability of the criminal violator to pay and shall determine the method of payment.
Upon the application of any interested party, the court shall schedule and hold an evidentiary hearing to determine the value of any pecuniary loss under this paragraph.