Wisconsin Statutes
Wis. Stat. § 346.74 (2026)
Penalty for violating sections 346.67 to 346.73
✓ current as of July 2026
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346.74(1)(1) Any person violating s. 346.72 may be required to forfeit not less than $20 nor more than $40 for the first offense and may be required to forfeit not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.
346.74(2)(2) Any person violating s. 346.70 (2) or (3), 346.71 or 346.73 may be required to forfeit not less than $40 nor more than $200 for the first offense and may be required to forfeit not less than $100 nor more than $500 for the 2nd or subsequent conviction within a year.
346.74(2g)(2g) Any operator of a vehicle, and any occupant of a vehicle who is at least 16 years of age, who violates s. 346.70 (1) may be required to forfeit not less than $200 nor more than $500 for the first offense and may be required to forfeit not less than $300 nor more than $500 for the 2nd or subsequent conviction within a year.
346.74(2r)(2r) Any person violating s. 346.70 (1m) may be required to forfeit not less than $40 nor more than $200.
346.74(3)(3) Any person violating s. 346.68 or 346.69 may be required to forfeit not more than $200.
346.74(4)(4) Any person violating s. 346.70 (5) may be required to forfeit not less than $25 nor more than $50.
346.74(5)(a)(a) Shall be fined not less than $300 nor more than $1,000 or imprisoned not more than 6 months or both if the accident did not involve death or injury to a person.
346.74(5)(b)(b) May be fined not more than $10,000 or imprisoned for not more than 9 months or both if the accident involved injury to a person but the person did not suffer great bodily harm.
346.74(5)(c)(c) Is guilty of a Class E felony if the accident involved injury to a person and the person suffered great bodily harm.
346.74(6)(a)(a) A vehicle owner or other person found liable under s. 346.675 with respect to a violation of s. 346.67 (1) may be required to forfeit not more than $1,000.
346.74(6)(b)(b) A vehicle owner or other person found liable under s. 346.675 with respect to a violation of s. 346.68 or 346.69 may be required to forfeit not more than $100.
346.74(6)(c)(c) Imposition of liability under s. 346.675 shall not result in suspension or revocation of a person’s operating privilege under s. 343.30 or 343.31, nor shall it result in demerit points being recorded on a person’s driving record under s. 343.32 (2) (a).
346.74 HistoryHistory: 1971 c. 278; 1973 c. 218; 1981 c. 20, 70; 1997 a. 258, 283; 2001 a. 109; 2003 a. 74; 2005 a. 411; 2011 a. 256.
346.74 AnnotationAlthough sub. (5) (b) establishes a maximum of nine months’ imprisonment for a violation of s. 346.67 (1) when the accident involves injury to a person but not great bodily harm, and offenses punishable by a maximum period of incarceration of less than one year are ordinarily classified as misdemeanors under ss. 939.60 and 973.02, sub. (5) (e) states that a violation of s. 346.67 (1) is “a felony if the accident involved death or injury to a person.” Any inconsistency is resolved by the principle that when two statutes relate to the same subject matter, the more specific language controls, in this case the language providing that the offense is a felony. State v. Brandt, 2009 WI App 115, 321 Wis. 2d 84, 772 N.W.2d 674, 08-0550.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1979–2022 · leading case: State v. Sambath Pal, 2017 WI 44 (Wis. 2017).
State v. Sambath Pal, 2017 WI 44 (Wis. 2017). “Wis. Stat. § 346.74 (5). ¶19 The State concedes that the counts charged against Pal are identical in law because they derive from violations of the same statute.”
State v. Patterson, 2010 WI 130 (Wis. 2010). “Patterson argues that these other statutes, citing Wis. Stat. § 346.74 (5)(d) as an example, are simply homicide statutes located outside of chapter 940.”
State v. Brandt, 2009 WI App 115 (Wis. Ct. App. 2009). “" Brandt was sentenced in accordance with Wis. Stat. § 346.74 (5)(b), which establishes a maximum of nine months' imprisonment when the accident involves injury to a person but not great bodily harm.”
State v. Hartnek, 430 N.W.2d 361 (Wis. Ct. App. 1988). “The penalty statute, sec. 346.74(5), Stats., refers to the injuries or death of "a person” or "the person.”
State v. Lloyd, 310 N.W.2d 617 (Wis. Ct. App. 1981). “67 may be fined not less than $5 nor more than $5,000 or imprisoned not less than 10 days nor more than one year if the accident involved death or injury to a person.”
State v. Mann, 367 N.W.2d 209 (Wis. 1985). “Section 346.74 provides graduated penalties for a violation of sec.”
State Ex Rel. McDonald v. Circuit Court for Douglas Cnty., 302 N.W.2d 462 (Wis. 1981). “" The penalties for violating this section are provided in sec. 346.74(5), Stats., as follows: "(5) Any person violating any provision of s.”
State v. Hart, 277 N.W.2d 843 (Wis. 1979). “” 3 Sec. 346.74(5), Stats., provides that if sec.”
State v. Harmon, 2006 WI App 214 (Wis. Ct. App. 2006). “upon request and if available, exhibit his or her operator's license to the person struck or to the operator or occupant of or person attending any vehicle collided with; and (c) The operator shall render to any person injured in such accident reasonable assistance, including…”
Kehl v. Econ. Fire & Cas. Co., 433 N.W.2d 279 (Wis. Ct. App. 1988). “See sec. 346.74, Stats. Though Milkie was 17 at the time of the accident, she could have been prosecuted under the Children’s Code if that were deemed appropriate by the district attorney, secs.”
State v. Wuteska, 2007 WI App 157 (Wis. Ct. App. 2007). “Wis. Stat. § 346.74 (d). Obstructing an officer is a Class A misdemeanor.”
Matter of Sims, 101 B.R. 52 (Bankr. W.D. Wis. 1989). “§ 346.74(3) (1987-88). Mr. Sims was assessed a forfeiture of $145.”
— Wis. Stat. § 346.74(2g) — 1 case
Cnty. of Monroe v. Christian Wayne Kling (Wis. Ct. App. 2022).
— Wis. Stat. § 346.74(3) — 1 case
Matter of Sims, 101 B.R. 52 (Bankr. W.D. Wis. 1989). “§ 346.74(3) (1987-88). Mr. Sims was assessed a forfeiture of $145.”
— Wis. Stat. § 346.74(5) — 11 cases
State v. Sambath Pal, 2017 WI 44 (Wis. 2017). “Wis. Stat. § 346.74 (5). ¶19 The State concedes that the counts charged against Pal are identical in law because they derive from violations of the same statute.”
State v. Hartnek, 430 N.W.2d 361 (Wis. Ct. App. 1988). “The penalty statute, sec. 346.74(5), Stats., refers to the injuries or death of "a person” or "the person.”
State v. Lloyd, 310 N.W.2d 617 (Wis. Ct. App. 1981). “67 may be fined not less than $5 nor more than $5,000 or imprisoned not less than 10 days nor more than one year if the accident involved death or injury to a person.”
State Ex Rel. McDonald v. Circuit Court for Douglas Cnty., 302 N.W.2d 462 (Wis. 1981). “" The penalties for violating this section are provided in sec. 346.74(5), Stats., as follows: "(5) Any person violating any provision of s.”
State v. Patterson, 2010 WI 130 (Wis. 2010). “Patterson argues that these other statutes, citing Wis. Stat. § 346.74 (5)(d) as an example, are simply homicide statutes located outside of chapter 940.”
— Wis. Stat. § 346.74(5)(d) — 1 case
State v. Patterson, 2010 WI 130 (Wis. 2010). “Patterson argues that these other statutes, citing Wis. Stat. § 346.74 (5)(d) as an example, are simply homicide statutes located outside of chapter 940.”
— Wis. Stat. § 346.74(5)(e) — 2 cases
State v. Brandt, 2009 WI App 115 (Wis. Ct. App. 2009). “" Brandt was sentenced in accordance with Wis. Stat. § 346.74 (5)(b), which establishes a maximum of nine months' imprisonment when the accident involves injury to a person but not great bodily harm.”
Kehl v. Econ. Fire & Cas. Co., 433 N.W.2d 279 (Wis. Ct. App. 1988). “See sec. 346.74, Stats. Though Milkie was 17 at the time of the accident, she could have been prosecuted under the Children’s Code if that were deemed appropriate by the district attorney, secs.”
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