Wisconsin Statutes

Wis. Stat. § 946.425 (2026)

Failure to report to jail

✓ current as of July 2026
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946.425946.425Failure to report to jail.
946.425(1)(1)Any person who is subject to a series of periods of imprisonment under s. 973.03 (5) (b) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class H felony.
946.425(1m)(a)(a) Any person who receives a stay of execution of a sentence of imprisonment of less than 10 days to a county jail under s. 973.15 (8) (a) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class A misdemeanor.
946.425(1m)(b)(b) Any person who receives a stay of execution of a sentence of imprisonment of 10 or more days to a county jail under s. 973.15 (8) (a) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class H felony.
946.425(1r)(a)(a) Any person who is subject to a confinement order under s. 973.09 (4) as the result of a conviction for a misdemeanor and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class A misdemeanor.
946.425(1r)(b)(b) Any person who is subject to a confinement order under s. 973.09 (4) as the result of a conviction for a felony and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class H felony.
946.425(3)(3)A prosecutor may not charge a person with violating both subs. (1) and (1m) regarding the same incident or occurrence.
946.425 HistoryHistory: 1989 a. 85; 1993 a. 273; 1995 a. 154; 2001 a. 109.
Notes of Decisions
Cited in 10 cases, 1992–2009 · leading case: United States v. Golden, Reggie, 466 F.3d 612 (7th Cir. 2006).
United States v. Golden, Reggie, 466 F.3d 612 (7th Cir. 2006). · cites it 6× “06-1326 11 execution of a sentence of imprisonment of 10 or more days to a county jail under s.”
Sheboygan Cnty. Dep't of Health & Human Servs. v. Julie A.B., 2002 WI 95 (Wis. 2002). · cites it 2× “She was convicted of "Failure to report to jail," contrary to Wis. Stat. § 946.425 (lm)(b); "Battery to a Law Enforcement Officer," con *180 trary to Wis.”
United States v. Templeton, 543 F.3d 378 (7th Cir. 2008). · cites it 2× “The expert discovered that about 11% of those convicted of felony failure to report under Wis. Stat. § 946.425 , and 15% of those convicted of escape under Wis.”
State v. Delaney, 2003 WI 9 (Wis. 2003). · cites it 2× “42 and failure to report under § 946.425. Under the well-established canon of expressio unius est exclusio alterius (the expression of one thing excludes another), where the legislature specifically enumerates certain exceptions to a statute, we conclude, based on that rule,…”
State v. Divanovic, 546 N.W.2d 501 (Wis. Ct. App. 1996). · cites it 2× “, and failure to report to a jail pursuant to § 946.425, Stats. Since Divanovic has not been convicted of either of these two crimes, but rather solicitation to commit a felony pursuant to § 939.”
State v. Clark, 2000 WI App 245 (Wis. Ct. App. 2000). · cites it 2× “§ 946.425(lm)(b). 1 He also appeals from the denial of his postconviction motion.”
United States v. Burks, 293 F. App'x 421 (7th Cir. 2008). · cites it 2× “In Templeton , we held that a conviction under Wis. Stat. § 946.425 for failure to report was not a crime of violence, Tem-pleton, 543 F.”
State v. James, 485 N.W.2d 436 (Wis. Ct. App. 1992). “, and failure to report to jail, sec. 946.425, Stats. But it does not except the crime of felon in possession of a firearm, sec.”
United States v. Templeton, Todd A. (7th Cir. 2008). · cites it 2× “The expert discovered that about 11% of those convicted of felony failure to report under Wis. Stat. §946.425 , and 15% of those convicted of escape under Wis.”
United States v. Burks, 443 F. App'x 169 (7th Cir. 2009). “The district court determined that Burks’ 2002 conviction for failure to report in violation of Wis. Stat. § 946.425 (lm)(b) and his conviction for escape in violation of Wis.”
— Wis. Stat. § 946.425(lm)(b) — 2 cases
State v. Clark, 2000 WI App 245 (Wis. Ct. App. 2000). “§ 946.425(lm)(b). 1 He also appeals from the denial of his postconviction motion.”
United States v. Burks, 293 F. App'x 421 (7th Cir. 2008). “In Templeton , we held that a conviction under Wis. Stat. § 946.425 for failure to report was not a crime of violence, Tem-pleton, 543 F.”
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