Wisconsin Statutes
Wis. Stat. § 939.61 (2026)
Penalty when none expressed
✓ current as of July 2026
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939.61(1)(1) If a person is convicted of an act or omission prohibited by statute and for which no penalty is expressed, the person shall be subject to a forfeiture not to exceed $200.
939.61(2)(2) If a person is convicted of a misdemeanor under state law for which no penalty is expressed, the person may be fined not more than $500 or imprisoned not more than 30 days or both.
Notes of Decisions
Cited in 7
cases, 1962–2007 · leading case: Henes v. Morrissey, 533 N.W.2d 802 (Wis. 1995).
Henes v. Morrissey, 533 N.W.2d 802 (Wis. 1995). “Section 939.61(1), Stats. 1991-92. The legislature has abolished common-law penalties in Wisconsin.”
State v. Asfoor, 249 N.W.2d 529 (Wis. 1977). “With the penalty provision stricken, sec. 939.61, Stats., applies. This section provides: “Penalty when none expressed.”
State v. Karpinski, 285 N.W.2d 729 (Wis. 1979). “Sec. 939.61, Stats. For first offenders, conditional discharge *602 is available.”
State v. Boyer, 543 N.W.2d 562 (Wis. Ct. App. 1995). “41(3) via § 939.61, Stats. — a fine of "not more than $500" or incarceration for "not more than 30 days or both.”
Pruitt v. State, 114 N.W.2d 148 (Wis. 1962). “Aside from the correctness of these decisions, they are not controlling, and this court should not now follow their reasoning and apply sec. 939.61, Stats., to the facts before us.”
State Ex Rel. Cholka v. Johnson, 292 N.W.2d 835 (Wis. 1980). “Sec. 939.61(3)(a), Stats. 1977. The penalty for a Class D felony is a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.”
Sallaway v. Ho-Chunk Nation Election Bd., 7 Am. Tribal Law 122 (2007). “” Wis. Stat. § 939.61 (1971-72). Thus, when a penalty was not expressed, the default classification for a crime was a misdemeanor.”
— Wis. Stat. § 939.61(1) — 1 case
Henes v. Morrissey, 533 N.W.2d 802 (Wis. 1995). “Section 939.61(1), Stats. 1991-92. The legislature has abolished common-law penalties in Wisconsin.”
— Wis. Stat. § 939.61(3) — 1 case
Henes v. Morrissey, 533 N.W.2d 802 (Wis. 1995). “Section 939.61(1), Stats. 1991-92. The legislature has abolished common-law penalties in Wisconsin.”
— Wis. Stat. § 939.61(3)(a) — 1 case
State Ex Rel. Cholka v. Johnson, 292 N.W.2d 835 (Wis. 1980). “Sec. 939.61(3)(a), Stats. 1977. The penalty for a Class D felony is a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.”
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