961.452 Defenses in certain schedule V prosecutions.
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/wi/chapter-961/961-452A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
961.452 Defenses in certain schedule V prosecutions.
(1)A person who proves all of the following by a preponderance of the evidence has a defense to prosecution under s. 961.41
(j)that is based on the person’s violation of a condition specified in s. 961.23 with respect to the person’s distribution or delivery of a pseudoephedrine product:
(a)The person did not knowingly or recklessly violate the condition under s. 961.23 .
(b)The person reported his or her own violation of the condition under s. 961.23 to a law enforcement officer in the county or municipality in which the violation occurred within 30 days after the violation.
(2)A seller who proves all of the following by a preponderance of the evidence has a defense to prosecution under s. 961.41
(j)that is based on the person’s violation of a condition specified in s. 961.23 with respect to the person’s distribution or delivery of a pseudoephedrine product:
(a)The person did not knowingly or recklessly violate the condition under s. 961.23 .
(b)The acts or omissions constituting the violation of the condition under s. 961.23 were the acts or omissions of one or more of the person’s employees.
(c)The person provided training to each of those employees regarding the restrictions imposed under s. 961.23 on the delivery of pseudoephedrine products.
(3)A person who proves all of the following by a preponderance of the evidence has a defense to prosecution under s. 961.41
(j)for a violation of s. 961.23
(6):
(a)The purchaser presented an identification card that contained a name or address other than the person’s own.