973.017 Bifurcated sentences; use of guidelines; consideration of aggravating and mitigating factors.

531 words·~2 min read·/wi/chapter-973/973-017-2

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

(1)Definition. In this section, “sentencing decision” means a decision as to whether to impose a bifurcated sentence under s. 973.01 or place a person on probation and a decision as to the length of a bifurcated sentence, including the length of each component of the bifurcated sentence, the amount of a fine, and the length of a term of probation.

(2)General requirement. When a court makes a sentencing decision concerning a person convicted of a criminal offense committed on or after February 1, 2003, the court shall consider all of the following:

(ad)The protection of the public.

(ag)The gravity of the offense.

(ak)The rehabilitative needs of the defendant.

(b)Any applicable mitigating factors and any applicable aggravating factors, including the aggravating factors specified in subs.

(3)to

(8).

(3)Aggravating factors; generally. When making a sentencing decision for any crime, the court shall consider all of the following as aggravating factors:

(a)The fact that the person committed the crime while his or her usual appearance was concealed, disguised, or altered, with the intent to make it less likely that he or she would be identified with the crime.

(b)The fact that the person committed the crime using information that was disclosed to him or her under s. 301.46 .

(c)The fact that the person committed the crime for the benefit of, at the direction of, or in association with any criminal gang, as defined in s. 939.22

(9), with the specific intent to promote, further, or assist in any criminal conduct by criminal gang members, as defined in s. 939.22

(9g).

(d)The fact that the person committed the felony while wearing a vest or other garment designed, redesigned, or adapted to prevent bullets from penetrating the garment.

1. Subject to subd. 2. , the fact that the person committed the felony with the intent to influence the policy of a governmental unit or to punish a governmental unit for a prior policy decision, if any of the following circumstances also applies to the felony committed by the person:

a. The person caused bodily harm, great bodily harm, or death to another.

b. The person caused damage to the property of another and the total property damaged is reduced in value by $25,000 or more. For the purposes of this subd. 1. b. , property is reduced in value by the amount that it would cost either to repair or to replace it, whichever is less.

c. The person used force or violence or the threat of force or violence.

a. In this subdivision, “labor dispute” includes any controversy concerning terms, tenure, or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.

b. Subdivision 1. does not apply to conduct arising out of or in connection with a labor dispute.

(4)Aggravating factors; serious sex crimes committed while infected with certain diseases.

(a)In this subsection: