Wisconsin Code § 973.123

Sentence for certain violent offenses; use of a firearm
Open in Lexace · Ask the AI about this section
(1) In this section, “violent felony” means any
felony under s. 943.23 (1m) , 1999 stats., s. 943.23 (1r) , 1999
stats., or s. 943.23 (1g), 2021 stats., or s. 940.01, 940.02, 940.03,
940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195,
940.198, 940.20, 940.201, 940.203, 940.204, 940.21, 940.225,
940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30,
940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3),
941.20, 941.26, 941.28, 941.29, 941.292, 941.30, 941.327 (2) (b)
3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 943.32,
943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04,
948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.
940.204 were renumbered or repealed by 2025 Wis. Act 24, which provided for
a recodification of battery statutes.
(2) A court shall impose a bifurcated sentence under s.
973.01 if the court sentences a person for committing a violent
felony and the court finds that all of the following are true:
(a) At the time the person committed the violent felony, he or
she was subject to s. 941.29 because he or she was convicted of,
adjudicated delinquent for, or found not guilty of by reason of
mental disease or defect, committing, soliciting, conspiring, or attempting to commit a prior violent felony.
(b) The person used a firearm in the commission of the violent felony for which the court is imposing the sentence.
(3) The confinement portion of a bifurcated sentence imposed pursuant to sub. (2) shall be:
(a) Not less than 5 years if the violent felony is a Class A,
Class B, Class C, Class D, Class E, Class F, or Class G felony.
(b) Not less than 3 years if the violent felony is a Class H
felony.
(c) Not less than one year and 6 months if the violent felony is
a Class I felony.
(4) If a court sentences a person under this section and also
imposes a sentence pursuant to s. 941.29 (4m) arising from the
same occurrence, the court shall order the person to serve the
sentences consecutively.
(5) This section does not apply to sentences imposed after
July 1, 2020.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.