961.443 Immunity from criminal prosecution; possession.

302 words·~1 min read·/wi/chapter-961/961-443

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section, “aider” means a person who does any of the following:

(a)Brings another person to an emergency room, hospital, fire station, or other health care facility and makes contact with an individual who staffs the emergency room, hospital, fire station, or other health care facility if the other person is, or if a reasonable person would believe him or her to be, suffering from an overdose of, or other adverse reaction to, any controlled substance or controlled substance analog.

(b)Summons and makes contact with a law enforcement officer, ambulance, emergency medical services practitioner, as defined in s. 256.01

(5), or other health care provider, in order to assist another person if the other person is, or if a reasonable person would believe him or her to be, suffering from an overdose of, or other adverse reaction to, any controlled substance or controlled substance analog.

(c)Calls the telephone number “911” or, in an area in which the telephone number “911” is not available, the number for an emergency medical service provider, and makes contact with an individual answering the number with the intent to obtain assistance for another person if the other person is, or if a reasonable person would believe him or her to be, suffering from an overdose of, or other adverse reaction to, any controlled substance or controlled substance analog.

(2)Immunity from criminal prosecution. An aider is immune from prosecution under s. 961.573 for the possession of drug paraphernalia, under s. 961.41

(3g)for the possession of a controlled substance or a controlled substance analog, and under s. 961.69

(2)for possession of a masking agent under the circumstances surrounding or leading to his or her commission of an act described in sub.

(1).