Wisconsin Statutes
Wis. Stat. § 946.415 (2026)
Failure to comply with officer’s attempt to take person into custody
✓ current as of July 2026
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946.415(2)(a)(a) Refuses to comply with an officer’s lawful attempt to take him or her into custody.
946.415(2)(b)(b) Retreats or remains in a building or place and, through action or threat, attempts to prevent the officer from taking him or her into custody.
946.415(2)(c)(c) While acting under pars. (a) and (b), remains or becomes armed with a dangerous weapon or threatens to use a dangerous weapon regardless of whether he or she has a dangerous weapon.
946.415 AnnotationThis section delineates one crime: a suspect’s armed, physical refusal to be taken into custody. It can be committed by action or threat, which are alternative ways of threatening an officer to avoid being taken into custody. A jury instruction requiring unanimity on which occurred is not required. State v. Koeppen, 2000 WI App 121, 237 Wis. 2d 418, 614 N.W.2d 530, 99-0418.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 2000–2022 · leading case: State v. William F. Bokenyi, 2014 WI 61 (Wis. 2014).
State v. William F. Bokenyi, 2014 WI 61 (Wis. 2014). “3 Wis. Stat. § 946.415 (2). 1 No. 2012AP2557-CR.”
United States v. Templeton, 543 F.3d 378 (7th Cir. 2008). “41 (resisting or obstructing an officer), Wis. Stat. § 946.415 (failure to comply with an officer’s attempt to take a person into custody), Wis.”
State v. Haase, 2006 WI App 86 (Wis. Ct. App. 2006). “04 (3), resisting arrest, Wis. Stat. § 946.415 (2), and jumping bail, Wis.”
State v. Ortiz, 2001 WI App 215 (Wis. Ct. App. 2001). “The criminal complaint and later information charged Ortiz with four counts: failure to comply with an officer's attempt to take a person into custody by remaining in a building while armed with a dangerous weapon pursuant to Wis. Stat. § 946.415 (2) (1999-2000) ; 1 obstructing…”
State v. Koeppen, 2000 WI App 121 (Wis. Ct. App. 2000). “§§ 946.415 and 939.62(l)(b) (1997-98). 1 Koeppen also appeals from an order denying his postconviction motion requesting a sentence modification because of a new factor.”
Simpson v. Smith (E.D. Wis. 2019). “Simpson failed to comply with an officer’s attempt to take him into custody, in violation of Wis. Stat. § 946.415 (2). The charge includes as an essential element that the accused “remains or becomes armed with a dangerous weapon or threatens to use a dangerous weapon regardless…”
State v. Damon D. Taylor (Wis. Ct. App. 2022). “§ 946.415(2); WIS JI—CRIMINAL 1768 (2008).”
United States v. Templeton, Todd A. (7th Cir. 2008). “41 (resisting or obstructing an officer), Wis. Stat. §946.415 (failure to comply with an officer’s attempt to take a person into custody), Wis.”
— Wis. Stat. § 946.415(2) — 3 cases
State v. William F. Bokenyi, 2014 WI 61 (Wis. 2014). “3 Wis. Stat. § 946.415 (2). 1 No. 2012AP2557-CR.”
State v. Koeppen, 2000 WI App 121 (Wis. Ct. App. 2000). “§§ 946.415 and 939.62(l)(b) (1997-98). 1 Koeppen also appeals from an order denying his postconviction motion requesting a sentence modification because of a new factor.”
State v. Damon D. Taylor (Wis. Ct. App. 2022). “§ 946.415(2); WIS JI—CRIMINAL 1768 (2008).”
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