Wisconsin Statutes

Wis. Stat. § 940.41 (2026)

Definitions

✓ current as of July 2026
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940.41940.41Definitions. In ss. 940.42 to 940.49:
940.41(1g)(1g)“Law enforcement agency” has the meaning given in s. 165.83 (1) (b).
940.41(1r)(1r)“Malice” or “maliciously” means an intent to vex, annoy or injure in any way another person or to thwart or interfere in any manner with the orderly administration of justice.
940.41(2)(2)“Victim” means any natural person against whom any crime as defined in s. 939.12 or under the laws of the United States is being or has been perpetrated or attempted in this state.
940.41(3)(3)“Witness” means any natural person who has been or is expected to be summoned to testify; who by reason of having relevant information is subject to call or likely to be called as a witness, whether or not any action or proceeding has as yet been commenced; whose declaration under oath is received as evidence for any purpose; who has provided information concerning any crime to any peace officer or prosecutor; who has provided information concerning a crime to any employee or agent of a law enforcement agency using a crime reporting telephone hotline or other telephone number provided by the law enforcement agency; or who has been served with a subpoena issued under s. 885.01 or under the authority of any court of this state or of the United States.
940.41 HistoryHistory: 1981 c. 118; 1993 a. 128.
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1990–2022 · leading case: State v. Vinje, 548 N.W.2d 118 (Wis. Ct. App. 1996).
State v. Vinje, 548 N.W.2d 118 (Wis. Ct. App. 1996). · cites it 9× “He was later charged with one count of disorderly conduct and one count of intimidation of a victim.”
State v. Mendez, 459 N.W.2d 578 (Wis. Ct. App. 1990). · cites it 2× “Section 940.41(3), Stats., defines "witness," in part, as "any natural person who has been or is expected to be *296 summoned to testify; who by reason of having relevant information is subject to call or likely to be called as a witness, whether or not any action or proceeding…”
State v. Grunke, 2007 WI App 198 (Wis. Ct. App. 2007). · cites it 3× “225 (7) requires a "victim," which is defined in Wis. Stat. § 940.41 (2) as a "natural person," and that a corpse is "human remains" as defined under Wis.”
State v. Freer, 2010 WI App 9 (Wis. Ct. App. 2009). “The bill adopted by the legislature included an analysis of the Legislative Reference Bureau ("LRB analysis"), which reads in part: "This proposal creates a series of crimes relating to intimidating witnesses and crime victims.”
State v. Jasmine J. Lanier (Wis. Ct. App. 2021). · cites it 9× “§ 940.41(3) as: [A]ny natural person who has been or is expected to be summoned to testify; who by reason of having relevant information is subject to call or likely to be called as a witness, whether or not any action or proceeding has as yet been commenced; whose declaration…”
State v. Chanler Lee Guyton (Wis. Ct. App. 2020). · cites it 4× “§ 940.41(3). That statute, in turn, defines witness to mean any natural person who has been or is expected to be summoned to testify; who by reason of having relevant information is subject to call or likely to be called as a witness, whether or not any action or proceeding has…”
State v. Doyle, 444 P.3d 1013 (Kan. Ct. App. 2019). “Laws § 11-32-4 ; Wis. Stat. § 940.41 ; Del. Code Ann, tit.”
State v. Steven A. Peterson (Wis. Ct. App. 2022). “§ 940.41(3). The day before trial, the State filed a motion to amend count one from felony intimidation of a witness under § 940.”
— Wis. Stat. § 940.41(2) — 1 case
State v. Vinje, 548 N.W.2d 118 (Wis. Ct. App. 1996). “He was later charged with one count of disorderly conduct and one count of intimidation of a victim.”
— Wis. Stat. § 940.41(3) — 4 cases
State v. Mendez, 459 N.W.2d 578 (Wis. Ct. App. 1990). “Section 940.41(3), Stats., defines "witness," in part, as "any natural person who has been or is expected to be *296 summoned to testify; who by reason of having relevant information is subject to call or likely to be called as a witness, whether or not any action or proceeding…”
State v. Jasmine J. Lanier (Wis. Ct. App. 2021). “§ 940.41(3) as: [A]ny natural person who has been or is expected to be summoned to testify; who by reason of having relevant information is subject to call or likely to be called as a witness, whether or not any action or proceeding has as yet been commenced; whose declaration…”
State v. Chanler Lee Guyton (Wis. Ct. App. 2020). “§ 940.41(3). That statute, in turn, defines witness to mean any natural person who has been or is expected to be summoned to testify; who by reason of having relevant information is subject to call or likely to be called as a witness, whether or not any action or proceeding has…”
State v. Steven A. Peterson (Wis. Ct. App. 2022). “§ 940.41(3). The day before trial, the State filed a motion to amend count one from felony intimidation of a witness under § 940.”
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