Wis. Stat. » CHAPTER 946 — CRIMES AGAINST GOVERNMENT AND ITS ADMINISTRATION
Wisconsin Statutes

Wis. Stat. § 946.49 (2026)

Bail jumping

✓ current as of July 2026
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946.49946.49 Bail jumping.
946.49(1)(1) Whoever, having been released from custody under ch. 969, intentionally fails to comply with the terms of his or her bond is:
946.49(1)(a)(a) If the offense with which the person is charged is a misdemeanor, guilty of a Class A misdemeanor.
946.49(1)(b)(b) If the offense with which the person is charged is a felony, guilty of a Class H felony.
946.49(2)(2) A witness for whom bail has been required under s. 969.01 (3) is guilty of a Class I felony for failure to appear as provided.
946.49 HistoryHistory: 1977 c. 173; 2001 a. 109.
946.49 AnnotationUnder sub. (1), a charge underlying a bail-jumping charge is not a lesser-included offense, and punishment for both does not offend double-jeopardy protection. State v. Nelson, 146 Wis. 2d 442, 432 N.W.2d 115 (Ct. App. 1988).
946.49 AnnotationConviction under this section resulting from the conviction for another crime committed while released on bail does not constitute double jeopardy. State v. West, 181 Wis. 2d 792, 512 N.W.2d 207 (Ct. App. 1993).
946.49 AnnotationBefore a defendant may be convicted of bail jumping under sub. (1), the state must prove three elements: 1) that the defendant was either arrested for, or charged with, a felony or misdemeanor; 2) that the defendant was released from custody on a bond, under conditions established by the trial court; and 3) that the defendant intentionally failed to comply with the terms of the bond, that is, that the defendant knew of the terms of the bond and knew that the defendant’s actions did not comply with those terms. In this case, the defendant was released from custody without bail, and the record was devoid of any evidence that the defendant executed either a secured or unsecured bond before release. Thus, there was insufficient evidence to support two elements of the charged offense of bail jumping. State v. Dawson, 195 Wis. 2d 161, 536 N.W.2d 119 (Ct. App. 1995), 94-2570.
946.49 AnnotationA court in sentencing a defendant for a violation of this section may take into account the underlying acts that resulted in the violation. State v. Schordie, 214 Wis. 2d 229, 570 N.W.2d 881 (Ct. App. 1997), 97-0071.
946.49 AnnotationCharging a defendant with two counts of bail jumping when the defendant violated multiple conditions of a single bond was not multiplicitous. State v. Anderson, 219 Wis. 2d 739, 580 N.W.2d 329 (1998), 96-0087.
946.49 AnnotationA positive urine test was sufficient to establish that the defendant intentionally violated the conditions of a bond prohibiting the use of illegal drugs. State v. Taylor, 226 Wis. 2d 490, 595 N.W.2d 56 (Ct. App. 1999), 98-0962.
946.49 AnnotationWhen the meaning and scope of a bond condition is at issue for purposes of determining whether there is the basis for a criminal charge, the threshold question is whether the bond condition itself covers the defendant’s conduct in the case, and not whether the evidence plausibly establishes that the defendant believed that the defendant was violating the condition. State v. Schaab, 2000 WI App 204, 238 Wis. 2d 598, 617 N.W.2d 872, 99-2203.
946.49 AnnotationWhen a bail jumping charge is premised upon the commission of a further crime, the jury must be properly instructed regarding the elements of that further crime. When a bail jumping charge is premised upon the commission of a lesser-included offense of the further crime, the jury must be properly instructed under the law of lesser-included offenses. State v. Henning, 2003 WI App 54, 261 Wis. 2d 664, 660 N.W.2d 698, 02-1287.
946.49 AnnotationReversed on other grounds. 2004 WI 89, 273 Wis. 2d 352, 681 N.W.2d 871, 02-1287.
946.49 Annotation“Release” refers to the defendant posting the bond, be it signature or cash, and need not be accompanied by the defendant’s physical departure from the jailhouse. In this case, the defendant made bond on a signature bond by signing it, therefore committing himself to its conditions, although the defendant did not post two required cash bonds. While not physically released, the defendant was subject to this section for violating the conditions of the signature bond. State v. Dewitt, 2008 WI App 134, 313 Wis. 2d 794, 758 N.W.2d 201, 07-2869.
946.49 AnnotationThe defendant’s argument that conviction on two bail-jumping counts was multiplicitous because the preliminary hearings at which the defendant failed to appear were scheduled for the same time and the defendant had signed only one bond for the two underlying cases failed because the counts were different in fact. Proof of notification and failure to appear in one case would not prove notification and failure to appear in the other, making the two charges different in nature and therefore different in fact. State v. Eaglefeathers, 2009 WI App 2, 316 Wis. 2d 152, 762 N.W.2d 690, 07-0845.
946.49 AnnotationThere is a two-step test to determine when, after being released from custody under ch. 969, a defendant no longer meets the definition of “having been released”: 1) the defendant must be placed in physical custody on the bond at issue; and 2) there must be some court action regarding the bond under which the defendant was previously released. Court action sufficient to meet the second requirement includes the issuance of a bench warrant, the revocation of bond, or the modification of bond such that a defendant cannot obtain release. State v. Jacobs, 2023 WI App 53, 409 Wis. 2d 467, 997 N.W.2d 130, 22-0658.
946.49 AnnotationThe Use of Wisconsin’s Bail Jumping Statute: A Legal and Quantitative Analysis. Johnson. 2018 WLR 619.
Notes of Decisions
Cited in 135 cases (28 in the last 5 years), 1979–2026 · leading case: State v. Anderson, 580 N.W.2d 329 (Wis. 1998).
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State v. Anderson, 580 N.W.2d 329 (Wis. 1998). · cites it 46× “Pursuant to a plea agreement, Anderson pleaded guilty to two charges of bail jumping, contrary to Wis. Stat. § 946.49 (reprinted below), [5] one based on violating the term of bond prohibiting consumption of alcohol, and one based on violating the term of bond prohibiting…”
State Ex Rel. Jacobus v. State, 559 N.W.2d 900 (Wis. 1997). · cites it 15× “45 (1) (1991-92) 2 *44 prohibits the State from criminally prosecuting an individual under Wis. Stat. § 946.49 3 for bail jumping due to consumption of alcohol in violation of a condition of a bond.”
State v. Klessig, 564 N.W.2d 716 (Wis. 1997). · cites it 8× “Klessig was initially charged with one count of bail jumping contrary to Wis. Stat. § 946.49 (1)(b) (1995-96) [1] and one count of being a party to the crime of burglary contrary to Wis.”
State v. Campbell, 2006 WI 99 (Wis. 2006). · cites it 10× “31 (1)(b) (1997-98), and one count of felony bail jumping in violation of Wis. Stat. § 946.49 (1)(b) (1997-98). Also on February 4, the circuit court found Campbell in contempt of court for failing to abide by the temporary custody order.”
State v. Dawson, 536 N.W.2d 119 (Wis. Ct. App. 1995). · cites it 22× “6 Only § 946.49, Stats., defines such a crime, and this statute specifically calls for the existence of a "bond.”
State v. Faith N. Reed, 920 N.W.2d 56 (Wis. 2018). · cites it 6× “¶ 2 In the circuit court, Reed claimed that the officer's warrantless entry into her apartment, sometimes referred to here as Unit 206, violated her rights under the Fourth Amendment of the United States Constitution and Article I, Section 11 of the Wisconsin Constitution.”
State v. Gerrod R. Bell, 909 N.W.2d 750 (Wis. 2018). · cites it 4× “(Count 2); and one count of misdemeanor bail jumping as a repeater contrary to Wis. Stat. §§ 946.49 (1)(a), 939.51(3)(a), and 939.”
State v. Tucker, 2005 WI 46 (Wis. 2005). · cites it 12× “41 (1m)(cm)1 (1999-2000), and felony bail jumping, a Class D felony in violation of Wis. Stat. § 946.49 (1)(b) (1999-2000). ¶ 4.”
State v. Jorgensen, 2008 WI 60 (Wis. 2008). · cites it 4× “Under Wis. Stat. § 946.49 (1), the State must prove that the defendant violated a provision of his or her bond.”
State v. Kelty, 2006 WI 101 (Wis. 2006). · cites it 4× “44 , and one misdemeanor count of bail jumping in violation of Wis. Stat. § 946.49 . Numerous other charges were dismissed, although some were read in.”
State v. Henning, 2004 WI 89 (Wis. 2004). · cites it 10× “969, intentionally fails to comply with the terms of his or her bond is: (a) If the offense with which the person is charged is a misdemeanor, guilty of a Class A misdemeanor.”
State v. Hansford, 580 N.W.2d 171 (Wis. 1998). · cites it 6× “41 (1); and bail jumping contrary to Wis. Stat. § 946.49 (l)(a). The Defendant filed a motion to sever the bail jumping charge from the charges of battery and obstructing.”
Show all 135 citing cases →
— Wis. Stat. § 946.49(1) — 23 cases
State v. Dawson, 536 N.W.2d 119 (Wis. Ct. App. 1995). “6 Only § 946.49, Stats., defines such a crime, and this statute specifically calls for the existence of a "bond.”
State v. Anderson, 570 N.W.2d 872 (Wis. Ct. App. 1997).
State v. Merryfield, 598 N.W.2d 251 (Wis. Ct. App. 1999).
State v. Braun, 449 N.W.2d 851 (Wis. Ct. App. 1989).
State v. Ascencio, 285 N.W.2d 910 (Wis. Ct. App. 1979).
— Wis. Stat. § 946.49(1)(a) — 11 cases
State v. Eddie Lee Anthony, 2015 WI 20 (Wis. 2015).
State v. Braun, 449 N.W.2d 851 (Wis. Ct. App. 1989).
State v. Dennis, 405 N.W.2d 711 (Wis. Ct. App. 1987).
State v. Taylor, 927 N.W.2d 168 (Wis. Ct. App. 2019).
State v. Terrence Jeff Cloyd, Jr. (Wis. Ct. App. 2022).
— Wis. Stat. § 946.49(1)(b) — 19 cases
State v. Johnson, 2009 WI 57 (Wis. 2009).
State v. Campbell, 2006 WI 99 (Wis. 2006). “31 (1)(b) (1997-98), and one count of felony bail jumping in violation of Wis. Stat. § 946.49 (1)(b) (1997-98). Also on February 4, the circuit court found Campbell in contempt of court for failing to abide by the temporary custody order.”
State v. Knox, 570 N.W.2d 599 (Wis. Ct. App. 1997).
State v. Taylor, 595 N.W.2d 56 (Wis. Ct. App. 1999).
State v. Martinez, 2007 WI App 225 (Wis. Ct. App. 2007).
— Wis. Stat. § 946.49(l) — 1 case
State v. Merryfield, 598 N.W.2d 251 (Wis. Ct. App. 1999).
— Wis. Stat. § 946.49(l)(a) — 9 cases
State v. Koeppen, 536 N.W.2d 386 (Wis. Ct. App. 1995).
State v. Dawson, 536 N.W.2d 119 (Wis. Ct. App. 1995). “6 Only § 946.49, Stats., defines such a crime, and this statute specifically calls for the existence of a "bond.”
State v. Eddie Lee Anthony, 2015 WI 20 (Wis. 2015).
State v. Benoit, 600 N.W.2d 193 (Wis. Ct. App. 1999).
State v. Harris, 528 N.W.2d 7 (Wis. Ct. App. 1994).
— Wis. Stat. § 946.49(l)(b) — 16 cases
State v. Johnson, 2009 WI 57 (Wis. 2009).
State v. Benoit, 600 N.W.2d 193 (Wis. Ct. App. 1999).
State v. Grinder, 527 N.W.2d 326 (Wis. 1995).
State v. Byrge, 594 N.W.2d 388 (Wis. Ct. App. 1999).
State v. Campbell, 2006 WI 99 (Wis. 2006). “31 (1)(b) (1997-98), and one count of felony bail jumping in violation of Wis. Stat. § 946.49 (1)(b) (1997-98). Also on February 4, the circuit court found Campbell in contempt of court for failing to abide by the temporary custody order.”
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