Wisconsin Statutes
Wis. Stat. § 939.645 (2026)
Penalty; crimes committed against certain people or property
✓ current as of July 2026
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939.645(1)(1) If a person does all of the following, the penalties for the underlying crime are increased as provided in sub. (2):
939.645(1)(b)(b) Intentionally selects the person against whom the crime under par. (a) is committed or selects the property that is damaged or otherwise affected by the crime under par. (a) in whole or in part because of the actor’s belief or perception regarding the race, religion, color, disability, sexual orientation, national origin or ancestry of that person or the owner or occupant of that property, whether or not the actor’s belief or perception was correct.
939.645(2)(a)(a) If the crime committed under sub. (1) is ordinarily a misdemeanor other than a Class A misdemeanor, the revised maximum fine is $10,000 and the revised maximum term of imprisonment is one year in the county jail.
939.645(2)(b)(b) If the crime committed under sub. (1) is ordinarily a Class A misdemeanor, the penalty increase under this section changes the status of the crime to a felony and the revised maximum fine is $10,000 and the revised maximum term of imprisonment is 2 years.
939.645(2)(c)(c) If the crime committed under sub. (1) is a felony, the maximum fine prescribed by law for the crime may be increased by not more than $5,000 and the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 5 years.
939.645(3)(3) 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. (1).
939.645(4)(4) This section does not apply to any crime if proof of race, religion, color, disability, sexual orientation, national origin or ancestry or proof of any person’s perception or belief regarding another’s race, religion, color, disability, sexual orientation, national origin or ancestry is required for a conviction for that crime.
939.645 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.
939.645 AnnotationThe “hate crimes” law, this section, does not unconstitutionally infringe upon free speech. Wisconsin v. Mitchell, 508 U.S. 476, 113 S. Ct. 2194, 124 L. Ed. 2d 436 (1993).
939.645 AnnotationHate Crimes—New Limits on the Scope of First Amendment Protection? Resler. 77 MLR 415 (1994).
939.645 AnnotationPut to the Proof: Evidentiary Considerations in Wisconsin Hate Crime Prosecutions. Read. 89 MLR 453 (2005).
939.645 AnnotationTalking About Hate Speech: A Rhetorical Analysis of American and Canadian Approaches to the Regulation of Hate Speech. Moran. 1994 WLR 1425.
939.645 AnnotationHate Crimes. Kassel. Wis. Law. Oct. 1992.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1991–2023 · leading case: State v. Mitchell, 485 N.W.2d 807 (Wis. 1992).
State v. Mitchell, 485 N.W.2d 807 (Wis. 1992). “Breitenbach, Circuit Judge, adjudging Todd Mitchell guilty of aggravated battery, party to a crime, and adjudging that Mitchell intentionally selected the battery victim because of the victim's race in violation of the hate crimes penalty enhancer, sec. 939.645, Stats. Mitchell…”
Marshall Schinner v. Michael Gundrum, 2013 WI 71 (Wis. 2013). “The deputy also recommended a hate crime penalty enhancer under Wis. Stat. § 939.645 (1)(b) (2007–08). According to Consolidated Court Automation Programs (CCAP) records, Cecil pled no contest to a charge of substantial battery with intent to cause bodily harm, contrary to Wis.”
State v. Mitchell, 473 N.W.2d 1 (Wis. Ct. App. 1991). “Todd Mitchell challenges the constitutionality of the "hate crimes" penalty enhancer law in Wisconsin, sec. 939.645, Stats., claiming that it is vague and overbroad and violates equal protection principles.”
State of West Virginia v. Steward Butler, 799 S.E.2d 718 (W. Va. 2017). “155 ; Wis. Stat. § 939.645 . 18 See Conn. Gen. Stat.”
Wisconsin v. Mitchell, 508 U.S. 476 (1993). “(1). “(4) This section does not apply to any crime if proof of race, religion, color, disability, sexual orientation, national origin or ancestry is required for a conviction for that crime.”
Ward v. State of Utah, 398 F.3d 1239 (10th Cir. 2005). “…Ohio Rev. Code § 2927.12; Vt. Stat. Ann. tit. 13, § 1455 ; Va.Code Ann. § 18.2-57(B); Wash. Rev.Code 9A.36.080; and Wis. Stat. § 939.645 (l)(b).”
Randall A. Terry v. Janet Reno, Attorney Gen. of the United States of Am., 101 F.3d 1412 (D.C. Cir. 1996). “at 2197 (quoting Wis. Stat. § 939.645 (l)(b) (1989-1990)).”
State v. Mortimer, 641 A.2d 257 (N.J. 1994). “[Wis.Stat. § 939.645 (1990).] Subsection 2 of the Wisconsin statute enumerated the increased penalties.”
Lipp v. State, 227 A.3d 818 (Md. Ct. Spec. App. 2020). “1 (quoting Wis. Stat. § 939.645 (1989)). In that case, a group of African-American men and boys severely beat a young white boy based on his race.”
State v. Stalder, 630 So. 2d 1072 (Fla. 1994). “Wis. Stat. § 939.645 (1989-1990). The United States Supreme Court upheld Mitchell's enhanced penalty, ruling that because the Wisconsin statute punishes bias-motivated criminal conduct rather than the expression of ideas the First Amendment is not implicated.”
People v. M.S., 95 Cal. Daily Op. Serv. 5161 (Cal. 1995). “” ( Wis. Stat. § 939.645 (1989-1990).) Section 415 prohibits, among other acts, using “offensive words in a public place which are inherently likely to provoke an immediate violent reaction.”
People v. Rokicki, 718 N.E.2d 333 (Ill. App. Ct. 1999). “at 2197 , quoting Wis. Stat. § 939.645 (1)(b) (1989-90). The Wisconsin Supreme Court reversed the conviction and held that the statute was unconstitutional under R.”
— Wis. Stat. § 939.645(1) — 1 case
State v. Welda, 2009 WI 35 (Wis. 2009).
— Wis. Stat. § 939.645(1)(b) — 1 case
State v. Mitchell, 485 N.W.2d 807 (Wis. 1992). “Breitenbach, Circuit Judge, adjudging Todd Mitchell guilty of aggravated battery, party to a crime, and adjudging that Mitchell intentionally selected the battery victim because of the victim's race in violation of the hate crimes penalty enhancer, sec. 939.645, Stats. Mitchell…”
— Wis. Stat. § 939.645(2)(c) — 1 case
State v. Mitchell, 485 N.W.2d 807 (Wis. 1992). “Breitenbach, Circuit Judge, adjudging Todd Mitchell guilty of aggravated battery, party to a crime, and adjudging that Mitchell intentionally selected the battery victim because of the victim's race in violation of the hate crimes penalty enhancer, sec. 939.645, Stats. Mitchell…”
— Wis. Stat. § 939.645(l)(b) — 1 case
State v. Mitchell, 473 N.W.2d 1 (Wis. Ct. App. 1991). “Todd Mitchell challenges the constitutionality of the "hate crimes" penalty enhancer law in Wisconsin, sec. 939.645, Stats., claiming that it is vague and overbroad and violates equal protection principles.”
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