Wisconsin Statutes
Wis. Stat. § 939.05 (2026)
Parties to crime
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
939.05(1)(1) Whoever is concerned in the commission of a crime is a principal and may be charged with and convicted of the commission of the crime although the person did not directly commit it and although the person who directly committed it has not been convicted or has been convicted of some other degree of the crime or of some other crime based on the same act.
939.05(2)(c)(c) Is a party to a conspiracy with another to commit it or advises, hires, counsels or otherwise procures another to commit it. Such a party is also concerned in the commission of any other crime which is committed in pursuance of the intended crime and which under the circumstances is a natural and probable consequence of the intended crime. This paragraph does not apply to a person who voluntarily changes his or her mind and no longer desires that the crime be committed and notifies the other parties concerned of his or her withdrawal within a reasonable time before the commission of the crime so as to allow the others also to withdraw.
939.05 AnnotationIt is desirable, but not mandatory, that an information refer to this section if the district attorney knows in advance that a conviction can only be based on participation and the court can instruct and the defendant can be convicted on the basis of this section in the absence of a showing of adverse effect on the defendant. Bethards v. State, 45 Wis. 2d 606, 173 N.W.2d 634 (1970).
939.05 AnnotationIt is not error that an information charging a crime does not also charge the defendant with being a party to a crime. Nicholas v. State, 49 Wis. 2d 683, 183 N.W.2d 11 (1971).
939.05 AnnotationUnder sub. (2) (c), a conspirator is one who is concerned with a crime prior to its actual commission. State v. Haugen, 52 Wis. 2d 791, 191 N.W.2d 12 (1971).
939.05 AnnotationA complaint charging the defendant as a party to the crime of theft that alleged that an unidentified man stole property and gave it to the defendant who passed it on was insufficient. There must be an allegation that the defendant knew of the commission of the crime. State v. Haugen, 52 Wis. 2d 791, 191 N.W.2d 12 (1971).
939.05 AnnotationAn information charging the defendant with being a party to a crime need not set forth the particular subsection relied upon. A defendant can be convicted of first-degree murder under this statute even though the defendant claimed only intending to rob and that an accomplice did the shooting. State v. Cydzik, 60 Wis. 2d 683, 211 N.W.2d 421 (1973).
939.05 AnnotationThe state need not elect as to which of the elements of the charge it is relying on. Hardison v. State, 61 Wis. 2d 262, 212 N.W.2d 103 (1973).
939.05 AnnotationConduct undertaken to intentionally aid another in the commission of a crime that yields such assistance constitutes aiding and abetting the crime and whatever it entails as a natural consequence. State v. Asfoor, 75 Wis. 2d 411, 249 N.W.2d 529 (1977).
939.05 AnnotationDefendants may be found guilty under sub. (2) if, between them, they perform all of the necessary elements of the crime with awareness of what the others are doing; each defendant need not be present at the scene of the crime. Roehl v. State, 77 Wis. 2d 398, 253 N.W.2d 210 (1977).
939.05 AnnotationThere are two party-to-a-crime theories: aiding and abetting under sub. (2) (b) and conspiracy under sub. (2) (c). State v. Charbarneau, 82 Wis. 2d 644, 264 N.W.2d 227 (1978).
939.05 AnnotationWithdrawal from a conspiracy under sub. (2) (c) must be timely. Zelenka v. State, 83 Wis. 2d 601, 266 N.W.2d 279 (1978).
939.05 AnnotationThis section applies to all crimes unless legislative intent clearly indicates otherwise. State v. Tronca, 84 Wis. 2d 68, 267 N.W.2d 216 (1978).
939.05 AnnotationProof of a “stake in the venture” is not needed to convict under sub. (2) (b). Krueger v. State, 84 Wis. 2d 272, 267 N.W.2d 602 (1978).
939.05 AnnotationDistinguishing multiple conspiracies and single conspiracies. Bergeron v. State, 85 Wis. 2d 595, 271 N.W.2d 386 (1978).
939.05 AnnotationA conspiracy commences with an agreement between two or more persons to direct their conduct toward the realization of a criminal objective, and each member of the conspiracy must individually and consciously intend the realization of the particular criminal venture. Each conspirator must have an individual stake in the conspiracy. Bergeron v. State, 85 Wis. 2d 595, 271 N.W.2d 386 (1978).
939.05 AnnotationA jury need not unanimously agree whether the defendant: 1) directly committed the crime; 2) aided and abetted its commission; or 3) conspired with another to commit it. Holland v. State, 91 Wis. 2d 134, 280 N.W.2d 288 (1979).
939.05 AnnotationAn aider and abettor who withdraws from a conspiracy does not remove himself or herself from aiding and abetting. May v. State, 97 Wis. 2d 175, 293 N.W.2d 478 (1980).
939.05 AnnotationA party to a crime is guilty of that crime whether or not that party intended the crime or had the intent of its perpetrator. State v. Stanton, 106 Wis. 2d 172, 316 N.W.2d 134 (Ct. App. 1982).
939.05 AnnotationThe elements of aiding and abetting are undertaking conduct that will aid another in the execution of the crime and a conscious desire that the conduct will yield that aid. State v. Hecht, 116 Wis. 2d 605, 342 N.W.2d 721 (1984).
939.05 AnnotationThe jury need not unanimously agree as to in which of the alternative ways under sub. (2) a defendant has committed the offense under the party to the crime theory. While there may be distinctions between aiding abetting and conspiracy, the distinctions are often blurred. State v. Hecht, 116 Wis. 2d 605, 342 N.W.2d 721 (1984).
939.05 AnnotationTestimony concerning a party to the crime defendant’s whereabouts during planning sessions for the crime was not an alibi and did not require a notice of alibi under s. 971.23 (8). State v. Horenberger, 119 Wis. 2d 237, 349 N.W.2d 692 (1984).
939.05 AnnotationDepending on the facts of the case, armed robbery can be a natural and probable consequence of a robbery. In that case, an aider and abettor need not have had actual knowledge that the principals would be armed. State v. Ivy, 119 Wis. 2d 591, 350 N.W.2d 622 (1984).
939.05 AnnotationSub. (2) (c) may be violated when the defendant solicits a second person to procure a third person to commit a crime. State v. Yee, 160 Wis. 2d 15, 465 N.W.2d 260 (Ct. App. 1990).
939.05 AnnotationIndividual officers are personally responsible for criminal acts committed in the name of a corporation. State v. Kuhn, 178 Wis. 2d 428, 504 N.W.2d 405 (Ct. App. 1993).
939.05 AnnotationA defendant may be guilty of felony murder, party to a crime, if the defendant participates with an accomplice in a felony listed in s. 940.03 and the accomplice kills another. There is no requirement that the defendant have an intent to kill or directly cause the death. State v. Rivera, 184 Wis. 2d 485, 516 N.W.2d 391 (1994). See also State v. Chambers, 183 Wis. 2d 316, 515 N.W.2d 531 (Ct. App. 1994); State v. Oimen, 184 Wis. 2d 423, 516 N.W.2d 399 (Ct. App. 1994).
939.05 AnnotationThere is a distinction between conspiracy as a substantive inchoate crime under s. 939.31 and conspiracy as a theory of prosecution for a substantive crime under sub. (2) (c). State v. Jackson, 2005 WI App 104, 281 Wis. 2d 137, 701 N.W.2d 42, 04-1603.
939.05 AnnotationThe unanimity requirement was satisfied when the jury unanimously found that the accused participated in the crime. Lampkins v. Gagnon, 710 F.2d 374 (1983).
939.05 AnnotationThis section does not shift the burden of proof. The prosecution need not specify which paragraph of sub. (2) it intends to proceed under. Madden v. Israel, 478 F. Supp. 1234 (1979).
939.05 AnnotationLiability for Coconspirator’s Crimes in the Wisconsin Party to a Crime Statute. Schuessler. 66 MLR 344 (1983).
939.05 AnnotationApplication of Gipson’s Unanimous Verdict Rationale to the Wisconsin Party to a Crime Statute. Baumgarth. 1980 WLR 597.
939.05 AnnotationWisconsin’s Party to a Crime Statute: The Mens Rea Element Under the Aiding and Abetting Subsection, and the Aiding and Abetting-Choate Conspiracy Distinction. Ostos-Irwin. 1984 WLR 769.
Notes of Decisions
Cited in 283
cases (37 in the last 5 years), 1964–2026 · leading case: State v. Sample, 573 N.W.2d 187 (Wis. 1998).
State v. Sample, 573 N.W.2d 187 (Wis. 1998). “Nutley concerned a different statute, Wis. Stat. § 939.05 . Further, the statement in Nutley did not lay down a new element for proof of that crime, but instead offered a narrative description of the type of proof that could be used to prove the statutory elements for party to a…”
State v. Heather L. Steinhardt, 2017 WI 62 (Wis. 2017). “Wis. Stat. § 939.05 Parties to crime. (1) Whoever is concerned in the commission of a crime is a principal and may be charged with and convicted of the commission of the crime although the person did not directly commit it and although the person who directly committed it has…”
State v. Meyer, 576 N.W.2d 260 (Wis. 1998). “Meyer (Meyer) for possession of tetrahydrocannabinols (THC) with the intent to deliver, as a party to a crime, contrary to Wis. Stat. §§ 939.05 and 161.41(lm)(h)2. [2] The Sheboygan County Circuit Court, Honorable Gary Langhoff presiding, denied Meyer's motion to suppress…”
State v. Kivioja, 592 N.W.2d 220 (Wis. 1999). “Together with Stehle's statements, this evidence was used in support of the probable cause portion of the criminal complaint which led to Kivioja's arrest on July 10, 1995, when he was charged with five counts of party to the crime of burglary, contrary to Wis. Stat. §§ 939.05…”
State v. Adrean L. Smith, 2014 WI 88 (Wis. 2014). “¶15 On January 5, 2009, Cummings was arraigned on the information which charged him with one count of Attempted First Degree Intentional Homicide With a Dangerous Weapon, As a Party to the Crime, contrary to Wis. Stat. §§ 939.05 , 939.32, 939.63, and 940.”
State v. Oswald, 2000 WI App 2 (Wis. Ct. App. 1999). “; one count of party to the crime of aiding and abetting the armed taking of a vehicle without consent, using a bulletproof vest, see §§ 939.”
State v. Moffett, 2000 WI 130 (Wis. 2000). “72 (2) as barring a conviction for being party to the crime of attempted first-degree intentional homicide under Wis. Stat. §§ 939.05 and 939.32 and the crime of conspiracy to commit intentional homicide under Wis.”
State v. Terry L. Hibbard, 2022 WI App 53 (Wis. Ct. App. 2022). “§ 939.05, which as relevant here makes a person liable for a criminal offense if the person “[i]ntentionally aids and abets” its commission.”
State v. Sveum, 2010 WI 92 (Wis. 2010). “32 (3)(b) (2001-02) [5] and Wis. Stat. § 939.05 (2001-02). Sveum filed a motion to suppress all information obtained from the GPS device, arguing that it was unlawfully obtained in violation of the Fourth Amendment.”
State v. Klessig, 564 N.W.2d 716 (Wis. 1997). “[3] Wis. Stat. § 939.05 provides: 939.05 Parties to crime.”
Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007). “§§ 39-11-401 (a), 39-11-402 (2006); Tex. Penal Code Ann. §§ 7.01 , 7.02(a) (West 2003); Utah Code Ann.”
State v. Jeffrey C. Denny, 2017 WI 17 (Wis. 2017). “01 (1981-82) and Wis. Stat. § 939.05 (1981-82). Denny's brother Kent was also charged.”
— Wis. Stat. § 939.05(1) — 20 cases
State v. Heather L. Steinhardt, 2017 WI 62 (Wis. 2017). “Wis. Stat. § 939.05 Parties to crime. (1) Whoever is concerned in the commission of a crime is a principal and may be charged with and convicted of the commission of the crime although the person did not directly commit it and although the person who directly committed it has…”
State v. Denter, 357 N.W.2d 555 (Wis. 1984).
State v. Moffett, 2000 WI 130 (Wis. 2000). “72 (2) as barring a conviction for being party to the crime of attempted first-degree intentional homicide under Wis. Stat. §§ 939.05 and 939.32 and the crime of conspiracy to commit intentional homicide under Wis.”
State v. Chinavare, 518 N.W.2d 772 (Wis. Ct. App. 1994).
State v. Moslavac, 602 N.W.2d 150 (Wis. Ct. App. 1999).
— Wis. Stat. § 939.05(2) — 21 cases
State v. Horenberger, 349 N.W.2d 692 (Wis. 1984).
State v. Simplot, 509 N.W.2d 338 (Wis. Ct. App. 1993).
State v. Sharlow, 327 N.W.2d 692 (Wis. 1983).
May v. State, 283 N.W.2d 460 (Wis. Ct. App. 1979).
Madden v. Israel, 478 F. Supp. 1234 (E.D. Wis. 1979).
— Wis. Stat. § 939.05(2)(a) — 10 cases
State v. Zelenka, 387 N.W.2d 55 (Wis. 1986).
State v. Terry L. Hibbard, 2022 WI App 53 (Wis. Ct. App. 2022). “§ 939.05, which as relevant here makes a person liable for a criminal offense if the person “[i]ntentionally aids and abets” its commission.”
Madden v. Israel, 478 F. Supp. 1234 (E.D. Wis. 1979).
State v. Moffett, 2000 WI 130 (Wis. 2000). “72 (2) as barring a conviction for being party to the crime of attempted first-degree intentional homicide under Wis. Stat. §§ 939.05 and 939.32 and the crime of conspiracy to commit intentional homicide under Wis.”
State v. Brown, 2012 WI App 139 (Wis. Ct. App. 2012).
— Wis. Stat. § 939.05(2)(b) — 13 cases
State v. Oswald, 2000 WI App 2 (Wis. Ct. App. 1999). “; one count of party to the crime of aiding and abetting the armed taking of a vehicle without consent, using a bulletproof vest, see §§ 939.”
State v. Heather L. Steinhardt, 2017 WI 62 (Wis. 2017). “Wis. Stat. § 939.05 Parties to crime. (1) Whoever is concerned in the commission of a crime is a principal and may be charged with and convicted of the commission of the crime although the person did not directly commit it and although the person who directly committed it has…”
State v. Terry L. Hibbard, 2022 WI App 53 (Wis. Ct. App. 2022). “§ 939.05, which as relevant here makes a person liable for a criminal offense if the person “[i]ntentionally aids and abets” its commission.”
State v. Williquette, 385 N.W.2d 145 (Wis. 1986).
State v. Zelenka, 387 N.W.2d 55 (Wis. 1986).
— Wis. Stat. § 939.05(2)(c) — 17 cases
State v. Moffett, 2000 WI 130 (Wis. 2000). “72 (2) as barring a conviction for being party to the crime of attempted first-degree intentional homicide under Wis. Stat. §§ 939.05 and 939.32 and the crime of conspiracy to commit intentional homicide under Wis.”
Michael L. Piaskowski v. John Bett, 256 F.3d 687 (7th Cir. 2001).
State v. Boehm, 379 N.W.2d 874 (Wis. Ct. App. 1985).
Alonzo R. Perry v. Gary R. McCaughtry Warden, 308 F.3d 682 (7th Cir. 2002).
State v. Oswald, 2000 WI App 2 (Wis. Ct. App. 1999). “; one count of party to the crime of aiding and abetting the armed taking of a vehicle without consent, using a bulletproof vest, see §§ 939.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.