Wisconsin Statutes

Wis. Stat. § 939.51 (2026)

Classification of misdemeanors

✓ current as of July 2026
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939.51939.51Classification of misdemeanors.
939.51(1)(1)Misdemeanors in chs. 939 to 951 are classified as follows:
939.51(1)(a)(a) Class A misdemeanor.
939.51(1)(b)(b) Class B misdemeanor.
939.51(1)(c)(c) Class C misdemeanor.
939.51(2)(2)A misdemeanor is a Class A, B or C misdemeanor when it is so specified in chs. 939 to 951.
939.51(3)(3)Penalties for misdemeanors are as follows:
939.51(3)(a)(a) For a Class A misdemeanor, a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
939.51(3)(b)(b) For a Class B misdemeanor, a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.
939.51(3)(c)(c) For a Class C misdemeanor, a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.
939.51 HistoryHistory: 1977 c. 173; 1987 a. 332 s. 64; 1997 a. 35.
Notes of Decisions
Cited in 39 cases (4 in the last 5 years), 1979–2022 · leading case: State v. Hamdan, 2003 WI 113 (Wis. 2003).
State v. Hamdan, 2003 WI 113 (Wis. 2003). · cites it 4× “Wis. Stat. § 939.51 (3)(a). All subsequent references to the Wisconsin Statutes are to the 1999-2000 volumes unless otherwise indicated.”
State v. Steven T. Delap, 913 N.W.2d 175 (Wis. 2018). · cites it 4× “41 (1); see also Wis. Stat. § 939.51 (3)(a). ¶53 In order to convict a person of obstructing an officer, the State must prove that the person knowingly: (1) obstructed an officer; (2) while the officer was doing any act in an official capacity; and (3) the officer was acting…”
State v. Bonds, 2006 WI 83 (Wis. 2006). · cites it 4× “Wis. Stat. § 939.51 (3)(a). Therefore, even with the repeater enhancement, Bond's maximum term of imprisonment for the battery conviction could not be increased to more than two years, regardless of whether the State relied on three misdemeanors or one felony.”
State v. Sanders, 2008 WI 85 (Wis. 2008). · cites it 4× “Wis. Stat. § 939.51 . The legislature could have created a class of "minor" or "petty" misdemeanors for which incarceration is not an available punishment.”
State v. Comstock, 485 N.W.2d 354 (Wis. 1992). · cites it 4× “1983-84, which provides as follows: "Whoever has sexual contract with a person without the consent of that person is guilty of a Class A misdemeanor.”
State v. Perez, 2001 WI 79 (Wis. 2001). · cites it 4× “" Wis. Stat. § 939.51 (3)(a). [4] Wisconsin Stat.”
State v. Grayson, 493 N.W.2d 23 (Wis. 1992). · cites it 4× “Section 939.51(3)(a), Stats. Because of its express reference to the 120-day time period, the felony nonsupport statute can reasonably be interpreted as allowing a separate felony charge for each 120-day period a person fails to provide child support.”
State v. Christopher W. Yakich, 2022 WI 8 (Wis. 2022). · cites it 2× “01 (2)(b) (specifying that the maximum term of confinement in prison for bail jumping is three years); Wis. Stat. § 939.51 (3) (providing for a maximum term of 90 days' imprisonment for phone harassment).”
Cyrus v. Town of Mukwonago, 624 F.3d 856 (7th Cir. 2010). “Wis. Stat. § 939.51 (3)(a). 8 . We note again that the district judge excluded Dr.”
David Skindzelewski v. Joseph Smith, Jr., 2020 WI 57 (Wis. 2020). · cites it 2× “See Wis. Stat. § 939.51 (3)(a). Skindzelewski argues that his criminal defense attorney's failure to raise the statute of limitations resulted in a legally impermissible conviction, thereby challenging the conviction itself, not the period of incarceration.”
State v. Williams, 2000 WI 78 (Wis. 2000). · cites it 6× “See Wis. Stat. § 939.51 (3)(a). A technical amendment to § 939.”
Logan v. State, 48 S.W.3d 296 (Tex. App. 2001). · cites it 2× “Wis. Stat. § 939.51 (3)(a) (2000). A Class E felony is punishable by a fine of up to $10,000.”
— Wis. Stat. § 939.51(3) — 4 cases
State v. Wittrock, 350 N.W.2d 647 (Wis. 1984).
State v. Aderhold, 284 N.W.2d 108 (Wis. Ct. App. 1979).
State v. McKenzie, 446 N.W.2d 77 (Wis. Ct. App. 1989).
State v. Firkus, 350 N.W.2d 82 (Wis. 1984).
— Wis. Stat. § 939.51(3)(a) — 13 cases
State v. Comstock, 485 N.W.2d 354 (Wis. 1992). “1983-84, which provides as follows: "Whoever has sexual contract with a person without the consent of that person is guilty of a Class A misdemeanor.”
State v. Grayson, 493 N.W.2d 23 (Wis. 1992). “Section 939.51(3)(a), Stats. Because of its express reference to the 120-day time period, the felony nonsupport statute can reasonably be interpreted as allowing a separate felony charge for each 120-day period a person fails to provide child support.”
State v. Goldstein, 513 N.W.2d 631 (Wis. Ct. App. 1994).
State v. Harrington, 512 N.W.2d 261 (Wis. Ct. App. 1994).
State v. Williams, 2000 WI 78 (Wis. 2000). “See Wis. Stat. § 939.51 (3)(a). A technical amendment to § 939.”
— Wis. Stat. § 939.51(3)(b) — 1 case
State v. Christopher W. Yakich (Wis. Ct. App. 2021).
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