Wisconsin Statutes
Wis. Stat. § 939.65 (2026)
Prosecution under more than one section permitted
✓ current as of July 2026
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939.65939.65 Prosecution under more than one section permitted. Except as provided in s. 948.025 (3), if an act forms the basis for a crime punishable under more than one statutory provision, prosecution may proceed under any or all such provisions.
939.65 AnnotationDue process does not require that a person know with certainty which crime, among several, the person is committing, at least until the prosecution exercises its charging discretion. Harris v. State, 78 Wis. 2d 357, 254 N.W.2d 291 (1977).
939.65 AnnotationThe district attorney had the discretion to charge the defendant with a Class A misdemeanor offense of sexual intercourse with a child age 16 or older under s. 948.09, a Class I felony offense of exposing intimate parts under s. 948.10 (1), and a Class D felony offense of child enticement with intent to expose intimate parts under s. 948.07 (3). It was not absurd to penalize the defendant for the felony crime of exposing intimate parts, which would be practically necessary for the misdemeanor intercourse to occur. State v. Matthews, 2019 WI App 44, 388 Wis. 2d 335, 933 N.W.2d 152, 18-0845.
Notes of Decisions
Cited in 45
cases (2 in the last 5 years), 1960–2025 · leading case: State v. Davison, 2003 WI 89 (Wis. 2003).
State v. Davison, 2003 WI 89 (Wis. 2003). “The first section, Wis. Stat. § 939.65 , is entitled "Prosecution under more than one section permitted.”
State v. Sauceda, 485 N.W.2d 1 (Wis. 1992). “Section 939.65, Stats. [7] The lower courts, however, seemed to be in confusion as to the applicable double jeopardy test.”
State v. Hansen, 2001 WI 53 (Wis. 2001). “See Wis. Stat. §§ 939.65 & 939.71 ("if an act forms the basis for a crime punishable under more than one statutory provision").”
State v. Moffett, 2000 WI 130 (Wis. 2000). “72 (2) to convic *640 tions and by enacting Wis. Stat. § 939.65 allowing the State to bring multiple charges, the legislature has clearly expressed its intent to allow the State to proceed with both charges in the present case.”
State v. Stewart, 916 N.W.2d 188 (Wis. Ct. App. 2018). “65 gives prosecutors broad authority to charge under multiple statutes and provides that "if an act forms the basis for a crime punishable under more than one statutory provision, prosecution may proceed under any or all such provisions.”
State v. Williquette, 385 N.W.2d 145 (Wis. 1986). “Section 939.65, however, provides that if an act forms the basis for a crime punishable under more than one statutory provision, then the state can prosecute under any or all such provisions.”
State v. Matthew R. Steffes, 2013 WI 53 (Wis. 2013). “" Wis. Stat. § 939.65 . As we have said, "This section gives a green light to multiple charges, which may result in multiple convictions, under different statutory provisions.”
State v. Cissell, 378 N.W.2d 691 (Wis. 1985). “Sec. 939.65, Stats., is not inconsistent with this proposition.”
State v. Karpinski, 285 N.W.2d 729 (Wis. 1979). “Sec. 939.65, Stats., is not inconsistent with this proposition.”
State v. Rabe, 291 N.W.2d 809 (Wis. 1980). “Sec. 939.65, Stats., provides that: "If an act forms the basis for a crime punishable under more than one statutory provision, prosecution may proceed under any or all such provisions.”
State v. Patterson, 2009 WI App 161 (Wis. Ct. App. 2009). “Patterson argues that the legislative history of Wis. Stat. § 939.65 supports his interpretation of Wis.”
State v. Kuntz, 467 N.W.2d 531 (Wis. 1991). “Section 939.65, Stats. This court primarily relies on Wisconsin's lesser included offense statute, sec.”
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