Wisconsin Statutes
Wis. Stat. § 946.12 (2026)
Misconduct in public office
✓ current as of July 2026
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946.12946.12 Misconduct in public office. Any public officer or public employee who does any of the following is guilty of a Class I felony:
946.12(1)(1) Intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the officer’s or employee’s office or employment within the time or in the manner required by law; or
946.12(2)(2) In the officer’s or employee’s capacity as such officer or employee, does an act which the officer or employee knows is in excess of the officer’s or employee’s lawful authority or which the officer or employee knows the officer or employee is forbidden by law to do in the officer’s or employee’s official capacity; or
946.12(3)(3) Whether by act of commission or omission, in the officer’s or employee’s capacity as such officer or employee exercises a discretionary power in a manner inconsistent with the duties of the officer’s or employee’s office or employment or the rights of others and with intent to obtain a dishonest advantage for the officer or employee or another; or
946.12(4)(4) In the officer’s or employee’s capacity as such officer or employee, makes an entry in an account or record book or return, certificate, report or statement which in a material respect the officer or employee intentionally falsifies; or
946.12(5)(5) Under color of the officer’s or employee’s office or employment, intentionally solicits or accepts for the performance of any service or duty anything of value which the officer or employee knows is greater or less than is fixed by law.
946.12 AnnotationSub. (5) prohibits misconduct in public office with constitutional specificity. Ryan v. State, 79 Wis. 2d 83, 255 N.W.2d 910 (1977).
946.12 AnnotationSub. (3) applies to a corrupt act under color of office and under de facto powers conferred by practice and usage. A person who is not a public officer may be charged as a party to the crime of official misconduct. State v. Tronca, 84 Wis. 2d 68, 267 N.W.2d 216 (1978).
946.12 AnnotationAn on-duty prison guard did not violate sub. (2) by fornicating with a prisoner in a cell. State v. Schmit, 115 Wis. 2d 657, 340 N.W.2d 752 (Ct. App. 1983).
946.12 AnnotationSub. (3) is not unconstitutionally vague. It does not fail to give notice that hiring and directing staff to work on political campaigns on state time with state resources is a violation. A legislator’s duty under this section may be determined by reference to a variety of sources including the Senate Policy Manual, applicable statutes, and legislative rules and guidelines. The Senate Policy Manual and senate guidelines restricted political campaigning with public resources. State v. Chvala, 2004 WI App 53, 271 Wis. 2d 115, 678 N.W.2d 880, 03-0442.
946.12 AnnotationAffirmed. 2005 WI 30, 279 Wis. 2d 216, 693 N.W.2d 747, 03-0442. See also State v. Jensen, 2004 WI App 89, 272 Wis. 2d 707, 681 N.W.2d 230, 03-0106.
946.12 AnnotationAffirmed. 2005 WI 31, 279 Wis. 2d 220, 694 N.W.2d 56, 03-0106.
946.12 AnnotationSub. (3) regulates conduct and not speech and is not subject to an overbreadth challenge under the 1st amendment to the U.S. Constitution. Legislators or their employees are not prohibited from doing or saying anything related to participation in political campaigns so long as they do not use state resources for that purpose. Legitimate legislative activity is not constrained by this statute. The line between “legislative activity” and “political activity” is sufficiently clear to prevent any confusion as to what conduct is prohibited under this statute. State v. Chvala, 2004 WI App 53, 271 Wis. 2d 115, 678 N.W.2d 880, 03-0442.
946.12 AnnotationAffirmed. 2005 WI 30, 279 Wis. 2d 216, 693 N.W.2d 747, 03-0442. See also State v. Jensen, 2004 WI App 89, 272 Wis. 2d 707, 681 N.W.2d 230, 03-0106.
946.12 AnnotationAffirmed. 2005 WI 31, 279 Wis. 2d 220, 694 N.W.2d 56, 03-0106.
946.12 AnnotationEnforcement of sub. (3) against a legislator does not violate the separation of powers doctrine. Enforcement does not require the courts to enforce legislative rules governing the enactment of legislation. Rather, the courts are asked to enforce a penal statute that relates to the duties of a legislator. A court may interpret an internal legislative rule to determine criminal liability if, when applied to the facts of the specific case, the rule is not ambiguous. State v. Chvala, 2004 WI App 53, 271 Wis. 2d 115, 678 N.W.2d 880, 03-0442.
946.12 AnnotationAffirmed. 2005 WI 30, 279 Wis. 2d 216, 693 N.W.2d 747, 03-0442. See also State v. Jensen, 2004 WI App 89, 272 Wis. 2d 707, 681 N.W.2d 230, 03-0106.
946.12 AnnotationAffirmed. 2005 WI 31, 279 Wis. 2d 220, 694 N.W.2d 56, 03-0106.
946.12 AnnotationSub. (3) provides, as separate elements of the crime, the requirement that the conduct be inconsistent with the duties of one’s office and the requirement that the conduct be done with intent to obtain a dishonest advantage. Although both elements may be proved through the same transaction, there must nevertheless be proof as to both elements. The state is required to prove beyond a reasonable doubt that the defendant exercised the defendant’s discretionary power with the purpose to obtain a dishonest advantage. Guilt of misconduct in office does not require the defendant to have acted corruptly. State v. Jensen, 2007 WI App 256, 306 Wis. 2d 572, 743 N.W.2d 468, 06-2095. See also State v. Schultz, 2007 WI App 257, 306 Wis. 2d 598, 743 N.W.2d 823, 06-2121.
Notes of Decisions
Cited in 54
cases (8 in the last 5 years), 1972–2026 · leading case: State v. Chvala, 2004 WI App 53 (Wis. Ct. App. 2004).
State v. Chvala, 2004 WI App 53 (Wis. Ct. App. 2004). “Charles Chvala, a senator in the Wisconsin Legislature, appeals a circuit court order denying his motion to dismiss Counts Seven through Ten of a criminal complaint, all charging him with felony misconduct in office, in violation of Wis. Stat. § 946.12 (3). 1 Chvala contends §…”
State v. Jensen, 2004 WI App 89 (Wis. Ct. App. 2004). “Jensen, Foti and Schultz (the defendants) collectively argue that Wis. Stat. § 946.12 (3) is unconstitutionally vague and overbroad as applied to them.”
Law Enf't Standards Bd. v. Vill. of Lyndon Station, 305 N.W.2d 89 (Wis. 1981). “Jessen stands convicted of 26 counts of misconduct in public office contrary to sec. 946.12, Stats., which you state are misdemeanors.”
State v. Jensen, 2010 WI 38 (Wis. 2010). “Waukesha County Circuit Court is the proper venue for the action that the State has brought against Jensen. I. BACKGROUND ¶ 3 On October 18, 2002, the State filed a complaint in Dane County Circuit Court charging Jensen with three counts of felony misconduct in public office as…”
State v. Schmit, 340 N.W.2d 752 (Wis. Ct. App. 1983). “" The material portion of sec. 946.12, Stats., [2] provides: Any public officer or public employe who does any of the following is guilty of a Class E felony: (2) In his capacity as such officer or employe, does an act which he knows is in excess of his lawful authority or which…”
State Law Enf't Standards Bd. v. Vill. of Lyndon Station, 295 N.W.2d 818 (Wis. Ct. App. 1980). “[8] In the legislative analysis of this chapter, the Joint Legislative Council noted that three felonies had been reclassified as misdemeanors, 15 misdemeanors as felonies and nine crimes as civil forfeitures.”
State v. Tronca, 267 N.W.2d 216 (Wis. 1978). “and that, if he did in fact exercise discretionary power, he did not do so in a manner inconsistent with the duties of his office; that, even were the facts sufficient to show that Ryan, as a public officer, was guilty of misconduct, Tronca, as a private citizen, could not be a…”
State v. Starke, 260 N.W.2d 739 (Wis. 1978). “" for "[o]fficial papers, warrants and other property belonging to the Village of Pewaukee," as evidence of misconduct in public office, contrary to sec. 946.12, Stats. This search warrant was issued by a circuit judge on the basis of an affidavit executed by Lieutenant Chase.”
State v. Rindfleisch, 2014 WI App 121 (Wis. Ct. App. 2014). “Rindfleisch was charged with four counts of misconduct in public office, in violation of Wis. Stat. § 946.12 (3) (2009-10), 1 based on a complaint alleging that she engaged in partisan campaign activities, in- *151 eluding political fundraising, during working hours while she…”
State v. Jensen, 2009 WI App 26 (Wis. Ct. App. 2009). “In October 2002, the State charged Jensen with misconduct in public office for using state resources for political campaign purposes in violation of Wis. Stat. § 946.12 (3). 2 Jensen moved to dismiss the charges against him, *380 arguing that the misconduct in public office…”
State v. Schultz, 2007 WI App 257 (Wis. Ct. App. 2007). “Sherry Schultz appeals a judgment based on a jury's verdict convicting her of one count of felony Misconduct in Public Office contrary to Wis. Stat. § 946.12 (3) (2005-06). 1 Schultz contends that the trial court's jury instruction on Misconduct in Public Office contained…”
State v. Jensen, 2007 WI App 256 (Wis. Ct. App. 2007). “Scott Jensen appeals a judgment based on a jury's verdict convicting him of three counts of felony Misconduct in Public Office contrary to Wis. Stat. § 946.12 (3) (2005-06), 1 and one count of Intentional Misuse of Public Position for *578 Private Gain as a Party to the Crime,…”
— Wis. Stat. § 946.12(1) — 4 cases
State v. Harris, 365 N.W.2d 922 (Wis. Ct. App. 1985).
State v. Dekker, 332 N.W.2d 816 (Wis. Ct. App. 1983).
State v. Chvala, 2004 WI App 53 (Wis. Ct. App. 2004). “Charles Chvala, a senator in the Wisconsin Legislature, appeals a circuit court order denying his motion to dismiss Counts Seven through Ten of a criminal complaint, all charging him with felony misconduct in office, in violation of Wis. Stat. § 946.12 (3). 1 Chvala contends §…”
State v. Jensen, 2004 WI App 89 (Wis. Ct. App. 2004). “Jensen, Foti and Schultz (the defendants) collectively argue that Wis. Stat. § 946.12 (3) is unconstitutionally vague and overbroad as applied to them.”
— Wis. Stat. § 946.12(2) — 8 cases
State v. Schmit, 340 N.W.2d 752 (Wis. Ct. App. 1983). “" The material portion of sec. 946.12, Stats., [2] provides: Any public officer or public employe who does any of the following is guilty of a Class E felony: (2) In his capacity as such officer or employe, does an act which he knows is in excess of his lawful authority or which…”
Eau Claire Cnty. v. Loken (In Re Loken), 32 B.R. 205 (Bankr. W.D. Wis. 1983).
State v. Adams, 584 N.W.2d 695 (Wis. Ct. App. 1998).
Schertz v. Waupaca Cnty., 683 F. Supp. 1551 (E.D. Wis. 1988).
State v. Kimberly D. Zapata (Wis. Ct. App. 2026).
— Wis. Stat. § 946.12(3) — 10 cases
State v. Jensen, 2004 WI App 89 (Wis. Ct. App. 2004). “Jensen, Foti and Schultz (the defendants) collectively argue that Wis. Stat. § 946.12 (3) is unconstitutionally vague and overbroad as applied to them.”
State v. Chvala, 2004 WI App 53 (Wis. Ct. App. 2004). “Charles Chvala, a senator in the Wisconsin Legislature, appeals a circuit court order denying his motion to dismiss Counts Seven through Ten of a criminal complaint, all charging him with felony misconduct in office, in violation of Wis. Stat. § 946.12 (3). 1 Chvala contends §…”
State v. Jensen, 2010 WI 38 (Wis. 2010). “Waukesha County Circuit Court is the proper venue for the action that the State has brought against Jensen. I. BACKGROUND ¶ 3 On October 18, 2002, the State filed a complaint in Dane County Circuit Court charging Jensen with three counts of felony misconduct in public office as…”
State v. Tronca, 267 N.W.2d 216 (Wis. 1978). “and that, if he did in fact exercise discretionary power, he did not do so in a manner inconsistent with the duties of his office; that, even were the facts sufficient to show that Ryan, as a public officer, was guilty of misconduct, Tronca, as a private citizen, could not be a…”
State v. Woehrer, 266 N.W.2d 366 (Wis. 1978).
— Wis. Stat. § 946.12(4) — 5 cases
Law Enf't Standards Bd. v. Vill. of Lyndon Station, 305 N.W.2d 89 (Wis. 1981). “Jessen stands convicted of 26 counts of misconduct in public office contrary to sec. 946.12, Stats., which you state are misdemeanors.”
State Law Enf't Standards Bd. v. Vill. of Lyndon Station, 295 N.W.2d 818 (Wis. Ct. App. 1980). “[8] In the legislative analysis of this chapter, the Joint Legislative Council noted that three felonies had been reclassified as misdemeanors, 15 misdemeanors as felonies and nine crimes as civil forfeitures.”
Bablitch & Bablitch v. Lincoln Cnty., 263 N.W.2d 218 (Wis. 1978).
Jessen v. State, 290 N.W.2d 685 (Wis. 1980).
State v. Smaxwell, 2000 WI App 112 (Wis. Ct. App. 2000).
— Wis. Stat. § 946.12(5) — 1 case
Ryan v. State, 255 N.W.2d 910 (Wis. 1977).
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