Wisconsin Statutes
Wis. Stat. § 939.63 (2026)
Penalties; use of a dangerous weapon
✓ current as of July 2026
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939.63(1)(1) If a person commits a crime while possessing, using or threatening to use a dangerous weapon, the maximum term of imprisonment prescribed by law for that crime may be increased as follows:
939.63(1)(a)(a) The maximum term of imprisonment for a misdemeanor may be increased by not more than 6 months.
939.63(1)(b)(b) If the maximum term of imprisonment for a felony is more than 5 years or is a life term, the maximum term of imprisonment for the felony may be increased by not more than 5 years.
939.63(1)(c)(c) If the maximum term of imprisonment for a felony is more than 2 years, but not more than 5 years, the maximum term of imprisonment for the felony may be increased by not more than 4 years.
939.63(1)(d)(d) The maximum term of imprisonment for a felony not specified in par. (b) or (c) may be increased by not more than 3 years.
939.63(2)(2) The increased penalty provided in this section does not apply if possessing, using or threatening to use a dangerous weapon is an essential element of the crime charged.
939.63 AnnotationThe fact that the maximum term for a misdemeanor may exceed one year under sub. (1) (a) does not upgrade the crime to felony status. State v. Denter, 121 Wis. 2d 118, 357 N.W.2d 555 (1984).
939.63 AnnotationPossession encompasses both actual and constructive possession. To prove a violation of this section, the state must prove that the defendant possessed the weapon to facilitate the predicate offense. State v. Peete, 185 Wis. 2d 4, 517 N.W.2d 149 (1994). See also State v. Howard, 211 Wis. 2d 269, 564 N.W.2d 753 (1997), 95-0770.
939.63 AnnotationAn automobile may constitute a dangerous weapon under s. 939.22 (10). State v. Bidwell, 200 Wis. 2d 200, 546 N.W.2d 507 (Ct. App. 1996).
939.63 AnnotationUnder Peete, 185 Wis. 2d 4 (1994), there is sufficient evidence of possession if the evidence allows a reasonable jury to find beyond a reasonable doubt that the defendant possessed a dangerous weapon in order to use it or threaten to use it, even if the defendant did not use or threaten to use it in the commission of the crime. State v. Page, 2000 WI App 267, 240 Wis. 2d 276, 622 N.W.2d 285, 99-2015.
939.63 AnnotationWhen two penalty enhancers are applicable to the same crime, the length of the second penalty enhancer is based on the maximum term for the base crime as extended by the first penalty enhancer. State v. Quiroz, 2002 WI App 52, 251 Wis. 2d 245, 641 N.W.2d 715, 01-1549.
Notes of Decisions
Cited in 70
cases (10 in the last 5 years), 1982–2025 · leading case: State v. Gordon, 2003 WI 69 (Wis. 2003).
State v. Gordon, 2003 WI 69 (Wis. 2003). “2d 149 (1994); Wis. Stat. § 939.63 (2001-2002). [1] Because the penalty enhancer is an element of the offense, Gordon contended that his trial counsel's failure to object to this error was per se prejudicial and therefore automatically reversible.”
State v. Howard, 564 N.W.2d 753 (Wis. 1997). “In *276 Peete, we held that when a defendant is charged with the penalty enhancer of committing a crime while in possession of a dangerous weapon, Wis. Stat. § 939.63 requires the State to prove a nexus between the underlying crime and possession of the weapon.”
State v. Emmanuel Earl Trammell, 928 N.W.2d 564 (Wis. 2019). “Because this court's interpretation of § 939.63(1)(a) (1989–90) incorporated a new element that was not part of the jury instructions read to the jury in Howard, unlike Trammell, Howard did not waive his objection because he could not have known about the Peete holding at the…”
State v. Peete, 517 N.W.2d 149 (Wis. 1994). “The first issue we address on review is whether sec. 939.63, Stats., 1 which establishes an enhanced penalty for a person who commits a crime while "possessing" a dangerous weapon, penalizes both actual and constructive possession.”
State v. Tomlinson, 2002 WI 91 (Wis. 2002). “05, and was charged with the penalty enhancer for the use of a dangerous weapon, under Wis. Stat. § 939.63 . [2] Tomlinson pleaded not guilty.”
State v. Gordon, 2002 WI App 53 (Wis. Ct. App. 2002). “§ 939.63 by failing to include the Peete [2] nexus requirement; (4) the trial court erroneously admitted evidence under WIS.”
State v. Robert Joseph Stietz, 2017 WI 58 (Wis. 2017). “§ 939.63 (1)(a), and guilty of intentionally pointing a firearm at a law enforcement officer, in violation of Wis.”
State v. Perez, 2001 WI 79 (Wis. 2001). “" Wis. Stat. § 939.63 . ¶ 27. In the title of the statute, "use" appears as a noun: the "use of a dangerous weapon.”
State v. Moran, 2005 WI 115 (Wis. 2005). “On August 11, 1994, the State amended the complaint, adding the element of "using a dangerous weapon" (contrary to § 939.63(1)(a)2.) to each of the two attempted homicide counts and adding one count of taking and driving a vehicle without the owner's consent in violation of §…”
State v. Burris, 2011 WI 32 (Wis. 2011). “" Wis. Stat. § 939.63 provides in relevant part: (1) If a person commits a crime while possessing, using or threatening to use a dangerous weapon, the maximum term of imprisonment prescribed by law for that crime may be increased as follows: (a) The maximum term of imprisonment…”
State v. Raymond L. Nieves, 2017 WI 69 (Wis. 2017). “05; and § 939.63(1)(b). 3 See Wis. Stat. § 940.01 (1)(a) (2009-10); § 939.”
State v. Avila, 532 N.W.2d 423 (Wis. 1995). “As to the first issue, we concluded that the language in sec. 939.63, Stats., "while possessing" included both actual possession and constructive possession.”
— Wis. Stat. § 939.63(1) — 4 cases
State v. Carrington, 386 N.W.2d 512 (Wis. Ct. App. 1986).
State v. Pernell, 478 N.W.2d 297 (Wis. Ct. App. 1991).
State v. James, 485 N.W.2d 436 (Wis. Ct. App. 1992).
Simpson v. Smith (E.D. Wis. 2019).
— Wis. Stat. § 939.63(1)(a) — 5 cases
State v. Emmanuel Earl Trammell, 928 N.W.2d 564 (Wis. 2019). “Because this court's interpretation of § 939.63(1)(a) (1989–90) incorporated a new element that was not part of the jury instructions read to the jury in Howard, unlike Trammell, Howard did not waive his objection because he could not have known about the Peete holding at the…”
State v. Moran, 2005 WI 115 (Wis. 2005). “On August 11, 1994, the State amended the complaint, adding the element of "using a dangerous weapon" (contrary to § 939.63(1)(a)2.) to each of the two attempted homicide counts and adding one count of taking and driving a vehicle without the owner's consent in violation of §…”
State v. Pernell, 478 N.W.2d 297 (Wis. Ct. App. 1991).
State v. Terrence Jeff Cloyd, Jr. (Wis. Ct. App. 2022).
State v. Fue C. Lor (Wis. Ct. App. 2023).
— Wis. Stat. § 939.63(1)(b) — 8 cases
State v. Raymond L. Nieves, 2017 WI 69 (Wis. 2017). “05; and § 939.63(1)(b). 3 See Wis. Stat. § 940.01 (1)(a) (2009-10); § 939.”
State v. Carrington, 397 N.W.2d 484 (Wis. 1986).
State v. Peete, 517 N.W.2d 149 (Wis. 1994). “The first issue we address on review is whether sec. 939.63, Stats., 1 which establishes an enhanced penalty for a person who commits a crime while "possessing" a dangerous weapon, penalizes both actual and constructive possession.”
State v. Raymond L. Nieves (Wis. 2017).
State v. Lapiate P. Boone (Wis. Ct. App. 2025).
— Wis. Stat. § 939.63(2) — 2 cases
State v. Avila, 532 N.W.2d 423 (Wis. 1995). “As to the first issue, we concluded that the language in sec. 939.63, Stats., "while possessing" included both actual possession and constructive possession.”
State v. Wenger, 593 N.W.2d 467 (Wis. Ct. App. 1999).
— Wis. Stat. § 939.63(l)(a) — 17 cases
State v. Peete, 517 N.W.2d 149 (Wis. 1994). “The first issue we address on review is whether sec. 939.63, Stats., 1 which establishes an enhanced penalty for a person who commits a crime while "possessing" a dangerous weapon, penalizes both actual and constructive possession.”
State v. Moran, 2005 WI 115 (Wis. 2005). “On August 11, 1994, the State amended the complaint, adding the element of "using a dangerous weapon" (contrary to § 939.63(1)(a)2.) to each of the two attempted homicide counts and adding one count of taking and driving a vehicle without the owner's consent in violation of §…”
State v. Thompson, 493 N.W.2d 729 (Wis. Ct. App. 1992).
State v. Avila, 532 N.W.2d 423 (Wis. 1995). “As to the first issue, we concluded that the language in sec. 939.63, Stats., "while possessing" included both actual possession and constructive possession.”
State v. Robinson, 412 N.W.2d 535 (Wis. Ct. App. 1987).
— Wis. Stat. § 939.63(l)(b) — 1 case
State v. Felix, 2012 WI 36 (Wis. 2012).
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