Wis. Stat. » CHAPTER 939 — CRIMES — GENERAL PROVISIONS
Wisconsin Statutes

Wis. Stat. § 939.72 (2026)

No conviction of both inchoate and completed crime

✓ current as of July 2026
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939.72939.72 No conviction of both inchoate and completed crime. A person shall not be convicted under both:
939.72(1)(1) Section 939.30 for solicitation and s. 939.05 as a party to a crime which is the objective of the solicitation; or
939.72(2)(2) Section 939.31 for conspiracy and s. 939.05 as a party to a crime which is the objective of the conspiracy; or
939.72(3)(3) Section 939.32 for attempt and the section defining the completed crime.
939.72 HistoryHistory: 1991 a. 153; 2001 a. 109.
939.72 AnnotationSub. (3) does not bar convicting the defendant who shot at one person but killed another of both murder and attempted murder. Austin v. State, 86 Wis. 2d 213, 271 N.W.2d 668 (1978).
939.72 AnnotationSub. (3) does not bar convictions for possession of burglarious tools and burglary arising out of a single transaction. Dumas v. State, 90 Wis. 2d 518, 280 N.W.2d 310 (Ct. App. 1979).
939.72 AnnotationThis section refers to convictions, not charges. The state may properly charge a defendant with both being a party to an attempt to commit a crime and conspiracy to commit the crime. State v. Moffett, 2000 WI 130, 239 Wis. 2d 629, 619 N.W.2d 918, 99-1768.
Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1978–2022 · leading case: State v. Moffett, 2000 WI 130 (Wis. 2000).
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State v. Moffett, 2000 WI 130 (Wis. 2000). · cites it 34× “Both defendants filed motions to dismiss one of the counts as contrary to Wis. Stat. § 939.72 (2), which states that a person shall not be convicted under both § 939.”
State v. Lock, 2013 WI App 80 (Wis. Ct. App. 2013). · cites it 17× “He presents no evidence that the fourteen-month period contributed in any way to his co-defendants' decisions to testify against him.”
State v. Hansen, 2001 WI 53 (Wis. 2001). · cites it 8× “Wis. Stat. § 939.72 (2) (1999-2000). [7] Earlier drafts of the UNDA would have provided protection even more extensive than that ultimately adopted by NCCUSL: No person shall be prosecuted for a violation of any of the provisions of this act if such person shall have been…”
State v. Moffett, 2000 WI App 67 (Wis. Ct. App. 2000). · cites it 15× “2d 155 (1964), the circuit court concluded that Wis. Stat. § 939.72 (2) applied to the charges at issue because attempted murder is a "substantive" (e.”
Dumas v. State, 280 N.W.2d 310 (Wis. Ct. App. 1979). · cites it 3× “Section 939.72, Stats., is entitled “No conviction of both inchoate and completed crime.”
Austin v. State, 271 N.W.2d 668 (Wis. 1978). “Since an attempt does require proof of a fact (some extraneous act preventing the completed crime) not required for conviction of the completed crime, conviction for both is proper under sec. 939.72(3), Stats., where there are two victims.”
State v. Lisa Rena Lantz (Wis. Ct. App. 2021). · cites it 8× “§ 939.72. The State notes that § 939.72(1)-(2) expressly prohibits convicting a person for being both party to a crime and for conspiring or soliciting to commit that crime.”
State v. Marshun Dante Jackson (Wis. Ct. App. 2021). · cites it 7× “§ 939.72(2) (2017-18)1 specifically applies in this case and further invalidates the objected-to conviction.”
State v. Kirk, 686 N.W.2d 455 (Wis. Ct. App. 2004). · cites it 2× “An information was filed in the circuit court on October 19, 2000. Therefore, we reject this claim.”
State v. John Anthony Jackson (Wis. Ct. App. 2022). “§ 939.72 (prohibiting convictions for both inchoate and completed crimes).”
— Wis. Stat. § 939.72(1) — 1 case
State v. Lisa Rena Lantz (Wis. Ct. App. 2021). “§ 939.72. The State notes that § 939.72(1)-(2) expressly prohibits convicting a person for being both party to a crime and for conspiring or soliciting to commit that crime.”
— Wis. Stat. § 939.72(2) — 3 cases
State v. Moffett, 2000 WI 130 (Wis. 2000). “Both defendants filed motions to dismiss one of the counts as contrary to Wis. Stat. § 939.72 (2), which states that a person shall not be convicted under both § 939.”
State v. Moffett, 2000 WI App 67 (Wis. Ct. App. 2000). “2d 155 (1964), the circuit court concluded that Wis. Stat. § 939.72 (2) applied to the charges at issue because attempted murder is a "substantive" (e.”
State v. Marshun Dante Jackson (Wis. Ct. App. 2021). “§ 939.72(2) (2017-18)1 specifically applies in this case and further invalidates the objected-to conviction.”
— Wis. Stat. § 939.72(3) — 3 cases
Austin v. State, 271 N.W.2d 668 (Wis. 1978). “Since an attempt does require proof of a fact (some extraneous act preventing the completed crime) not required for conviction of the completed crime, conviction for both is proper under sec. 939.72(3), Stats., where there are two victims.”
Dumas v. State, 280 N.W.2d 310 (Wis. Ct. App. 1979). “Section 939.72, Stats., is entitled “No conviction of both inchoate and completed crime.”
State v. Moffett, 2000 WI App 67 (Wis. Ct. App. 2000). “2d 155 (1964), the circuit court concluded that Wis. Stat. § 939.72 (2) applied to the charges at issue because attempted murder is a "substantive" (e.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.