Wisconsin Statutes
Wis. Stat. § 939.632 (2026)
Penalties; violent crime in a school zone
✓ current as of July 2026
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939.632(1)(a)(a) “School” means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (15m), that provides an educational program for one or more grades between grades 1 and 12 and that is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.
939.632(1)(c)(c) “School premises” means any school building, grounds, recreation area or athletic field or any other property owned, used or operated for school administration.
939.632(1)(d)3.3. On a school bus or public transportation transporting students to and from a public or private school or to and from a tribal school, as defined in s. 115.001 (15m).
939.632(1)(d)3m.3m. At school bus stops where students are waiting for a school bus or are being dropped off by a school bus.
939.632(1)(e)1.1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31, 940.32, 940.60 (2) or (3) (a) or (b), 940.66 (2) (a) or (c), 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.231 (1), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.072, 948.08, 948.085, or 948.30 (2) or s. 940.19 (2), 2023 stats., s. 940.19 (4), 2023 stats., s. 940.19 (5), 2023 stats., s. 940.198 (2) (a), 2023 stats., or s. 940.198 (2) (c), 2023 stats., or under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
939.632 NoteNOTE: Subd. 1. is shown as amended by 2025 Wis. Acts 88 and 135 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
939.632(1)(e)2.2. The solicitation, conspiracy or attempt, under s. 939.30, 939.31 or 939.32, to commit a Class A felony.
939.632(1)(e)3.3. Any misdemeanor under s. 940.225 (3m), 940.42, 940.44, 940.60 (1), 941.20 (1), 941.23, 941.231, 941.235, or 941.38 (3) or s. 940.19 (1), 2023 stats.
939.632(2)(2) If a person commits a violent crime in a school zone, the maximum term of imprisonment is increased as follows:
939.632(2)(a)(a) If the violent crime is a felony, the maximum term of imprisonment is increased by 5 years.
939.632(2)(b)(b) If the violent crime is a misdemeanor, the maximum term of imprisonment is increased by 3 months and the place of imprisonment is the county jail.
939.632(3)(a)(a) In addition to any other penalties that may apply to the crime under sub. (2), the court may require the person to complete 100 hours of community service work for a public agency or a nonprofit charitable organization. The court shall ensure that the defendant is provided a written statement of the terms of the community service order. Any organization or agency acting in good faith to which a defendant is assigned under an order under this paragraph has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
939.632(3)(b)(b) The court shall not impose the requirement under par. (a) if the court determines that the person would pose a threat to public safety while completing the requirement.
939.632(4)(4) This section provides for the enhancement of the penalties applicable for the underlying crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in sub. (2).
939.632 HistoryHistory: 1995 a. 22; 2001 a. 109; 2005 a. 277; 2007 a. 116, 127; 2009 a. 180, 302; 2015 a. 149, 366; 2021 a. 76; 2023 a. 10; 2025 a. 24 s. 93; 2025 a. 88, 135; s. 13.92 (2) (i).
939.632 AnnotationThe violent crime in a school zone penalty enhancer is not unconstitutional as applied to the defendant. The legislature seeks to deter violent crime near schools in an effort to create a safety zone around schools. The 1,000-foot perimeter is a reasonable distance to try to accomplish this legislative goal. State v. Quintana, 2007 WI App 29, 299 Wis. 2d 234, 729 N.W.2d 776, 06-0499.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 2003–2021 · leading case: State v. Quintana, 2008 WI 33 (Wis. 2008).
State v. Quintana, 2008 WI 33 (Wis. 2008). “21 (2003-04), 2 and it concluded that the violent crime in a school zone penalty enhancer, Wis. Stat. § 939.632 , was unconstitutional as applied to Quintana.”
State v. Warbelton, 2009 WI 6 (Wis. 2009). “The jury would hear only that both parties had stipulated that Warbelton had a prior conviction for a violent crime as defined under Wis. Stat. § 939.632 (l)(e)l. ¶ 11. In fact, that is what occurred.”
State v. Quintana, 2007 WI App 29 (Wis. Ct. App. 2007). “Quintana challenges the constitutionality of the school zone enhancer, Wis. Stat. § 939.632 , as applied to him.”
State v. Warbelton, 2008 WI App 42 (Wis. Ct. App. 2008). “Should a jury be allowed to hear evidence that a defendant has stipulated to having a previous conviction for a violent crime and should it be instructed to make a finding on that matter when the defendant is on trial for a charge of stalking, "while having a previous conviction…”
State v. Radke, 2003 WI 7 (Wis. 2003). “, Wis. Stat. § 939.632 (increasing the maximum period of imprisonment for the commission of certain violent crimes in a school zone).”
State v. David Earl Montgomery (Wis. Ct. App. 2021). “’s safety through the use of criminally reckless conduct. Resentencing Based on Improper Penalty Enhancer ¶24 Montgomery was found guilty of both offenses with the penalty enhancer for committing a violent crime in a school zone, contrary to WIS.”
— Wis. Stat. § 939.632(1)(e) — 1 case
State v. David Earl Montgomery (Wis. Ct. App. 2021). “’s safety through the use of criminally reckless conduct. Resentencing Based on Improper Penalty Enhancer ¶24 Montgomery was found guilty of both offenses with the penalty enhancer for committing a violent crime in a school zone, contrary to WIS.”
— Wis. Stat. § 939.632(2)(a) — 1 case
State v. David Earl Montgomery (Wis. Ct. App. 2021). “’s safety through the use of criminally reckless conduct. Resentencing Based on Improper Penalty Enhancer ¶24 Montgomery was found guilty of both offenses with the penalty enhancer for committing a violent crime in a school zone, contrary to WIS.”
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