Wisconsin Statutes
Wis. Stat. § 940.42 (2026)
Intimidation of witnesses; misdemeanor
✓ current as of July 2026
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940.42940.42 Intimidation of witnesses; misdemeanor. Except as provided in s. 940.43, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade any witness from attending or giving testimony at any trial, proceeding or inquiry authorized by law, is guilty of a Class A misdemeanor.
940.42 AnnotationWhen a mother and child were to testify against the defendant and the defendant sent letters to the mother urging that she and the child not testify, regardless of whether the letters were addressed to the child or the child was aware of the letter’s contents, the defendant attempted to dissuade the child through her mother. As the mother of the minor child had the parental responsibility and practical authority to monitor communications by third parties with the child and to influence whether the child cooperated with the court proceedings, there was sufficient evidence to convict. State v. Moore, 2006 WI App 61, 292 Wis. 2d 101, 713 N.W.2d 131, 04-3227.
940.42 AnnotationThis section supports charging a person with a separate count for each letter sent, and each other act performed, for the purpose of attempting to dissuade any witness from attending or giving testimony at a court proceeding or trial. State v. Moore, 2006 WI App 61, 292 Wis. 2d 101, 713 N.W.2d 131, 04-3227.
Notes of Decisions
Cited in 18
cases (4 in the last 5 years), 1987–2026 · leading case: State v. Moore, 2006 WI App 61 (Wis. Ct. App. 2006).
State v. Moore, 2006 WI App 61 (Wis. Ct. App. 2006). “Moore appeals from a judgment of conviction for fourteen counts of attempting to intimidate a witness, 2 contrary to Wis. Stat. § 940.42 (2001-02), 3 and from an order denying his motion for postconviction relief.”
State v. Rodriguez, 2007 WI App 252 (Wis. Ct. App. 2007). “Roberto Vargas Rodriguez previously appealed from judgments of the circuit court for Milwaukee County convicting him of one count of battery, see WIS. STAT. § 940.19(1) (2005-06); [1] one count of intimidation of a victim, see WIS.”
State v. Anderson, 580 N.W.2d 329 (Wis. 1998). “19 ; intimidation of witnesses, Wis. Stat. §§ 940.42 and 940.43; intimidation of victims, Wis.”
State v. Rodriguez, 2006 WI App 163 (Wis. Ct. App. 2006). “§§ 940.42 & 940.46; and two counts of disorderly conduct, see WIS.”
State v. Mendez, 459 N.W.2d 578 (Wis. Ct. App. 1990). “"from attending or giving testimony at any trial, proceeding or inquiry authorized by law" within the meaning of sec. 940.42, Stats. Instead, Mendez argues that his conduct, if anything, sought only to dissuade the victim, J.”
State v. Hall, 230 P.3d 1048 (Wash. 2010). “2d 131 (quoting Wis. Stat. § 940.42 ). The defendant was charged with battering a woman and her daughter and had sent at least seven letters from jail to the woman attempting to persuade her and her daughter not to testify.”
State v. Hall, 168 Wash. 2d 726 (Wash. 2010). “at 106 (quoting Wis. Stat. § 940.42 ). The defendant was charged with battering a woman and her daughter and had sent at least seven letters from jail to the woman attempting to persuade her and her daughter not to testify.”
State v. Hall, 147 Wash. App. 485 (Wash. Ct. App. 2008). “…or giving testimony at any trial, proceeding or inquiry authorized by law, is guilty of a Class A misdemeanor.” Wis. Stat. § 940.42 .”
State v. Freer, 2010 WI App 9 (Wis. Ct. App. 2009). “Freer responds that his reading of the statute would not result in punishing some acts of intimidation while leaving others unpunished because acts occurring after the victim has caused a complaint to be sought could be prosecuted under the witness intimidation statute, Wis.…”
State v. Seibert, 416 N.W.2d 900 (Wis. Ct. App. 1987). “Section 940.42, Stats., punishes as a misdemeanor the crime of intimidating a witness, while sec.”
State v. Orlik, 595 N.W.2d 468 (Wis. Ct. App. 1999). “Among other conditions of release, the court ordered Orlik not to do or cause to be done, or permit to be done on his behalf, any act proscribed by §§ 940.42 through 940.45, STATS., (intimidation of witnesses and victims).”
State v. Grunke, 2007 WI App 198 (Wis. Ct. App. 2007). “41 expressly applies only to Wis. Stat. §§ 940.42 to 940.49. However, we share the circuit court's concern that there is a factual distinction between a victim who has died and a corpse or human remains.”
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