Wisconsin Statutes

Wis. Stat. § 946.88 (2026)

Enforcement and jurisdiction

✓ current as of July 2026

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946.88946.88 Enforcement and jurisdiction.

946.88(1)(1) A criminal or civil action or proceeding under ss. 946.80 to 946.88 may be commenced at any time within 6 years after a violation under ss. 946.80 to 946.88 terminates or the cause of action accrues. If a criminal action or proceeding under ss. 946.80 to 946.88 is brought, or intervened in, to punish, prevent or restrain any such violation, the running of the period of limitations with respect to any civil action or proceeding, including an action or proceeding under s. 946.87, which is based in whole or in part upon any matter complained of in the criminal action or proceeding shall be suspended for 2 years following the termination of the criminal action or proceeding.

946.88(2)(2) The application of one civil or criminal remedy under ss. 946.80 to 946.88 does not preclude the application of any other remedy, civil or criminal, under ss. 946.80 to 946.88 or any other provision of law. Civil remedies under ss. 946.80 to 946.88 are supplemental, and not mutually exclusive, except the state may not proceed under both ss. 946.84 (2) and 946.87 (4).

946.88(3)(3) The attorney general and the district attorneys of this state have concurrent authority to institute criminal proceedings under ss. 946.80 to 946.88, except a district attorney may institute proceedings only with the prior written approval of the attorney general.

946.88 HistoryHistory: 1981 c. 280; 1989 a. 121 s. 110; Stats. 1989 s. 946.88.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1991–2026 · leading case: Schimpf v. Gerald, Inc., 52 F. Supp. 2d 976 (E.D. Wis. 1999).

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Schimpf v. Gerald, Inc., 52 F. Supp. 2d 976 (E.D. Wis. 1999). · cites it 2× “The WOCCA claim, which is asserted only against Gerald, also is subject to a six-year statute of limitations, Wis.Stat. § 946.88(1), and apparently the same discovery rule, as the parties do not dispute that the discovery rule applies, cf.”

State v. Evers, 472 N.W.2d 828 (Wis. Ct. App. 1991). · cites it 2× “" Section 946.88(2), Stats. We conclude that the legislature intended to allow prosecution for both the continuing criminal enterprise offenses under sec.”

Bruner Corp. v. R.A. Bruner Co. & Robert A. Bruner, Sr., Cross, 133 F.3d 491 (7th Cir. 1998). “§ 1962 (c), the Wisconsin Organized Crime Control Act (WOCCA), Wis. Stat. § 946.88 (3), and Wisconsin’s civil conspiracy law, Wis.”

The Bank of New York Mellon v. Carolyn M. Nelson (Wis. Ct. App. 2026). “” § 946.88(1). The only alleged pattern of racketeering activity alleged in the third-party complaint terminated in May 2014.”

State v. Larson, 2011 WI App 106 (Wis. Ct. App. 2011). “§ 946.88(1), which deals with offenses under the Wisconsin Organized Crime Control Act, is not relevant here.”

— Wis. Stat. § 946.88(1) — 3 cases

Schimpf v. Gerald, Inc., 52 F. Supp. 2d 976 (E.D. Wis. 1999). “The WOCCA claim, which is asserted only against Gerald, also is subject to a six-year statute of limitations, Wis.Stat. § 946.88(1), and apparently the same discovery rule, as the parties do not dispute that the discovery rule applies, cf.”

State v. Larson, 2011 WI App 106 (Wis. Ct. App. 2011). “§ 946.88(1), which deals with offenses under the Wisconsin Organized Crime Control Act, is not relevant here.”

— Wis. Stat. § 946.88(2) — 1 case

State v. Evers, 472 N.W.2d 828 (Wis. Ct. App. 1991). “" Section 946.88(2), Stats. We conclude that the legislature intended to allow prosecution for both the continuing criminal enterprise offenses under sec.”

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