Wisconsin Statutes
Wis. Stat. § 961.45 (2026)
Bar to prosecution
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
961.45961.45 Bar to prosecution. If a violation of this chapter is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.
961.45 AnnotationUnder s. 161.45 [now this section], a “prosecution” is to be equated with a conviction or acquittal. The date on which a sentence is imposed is not relevant to the determination of whether a “prosecution” has occurred. State v. Petty, 201 Wis. 2d 337, 548 N.W.2d 817 (1996), 93-2200.
961.45 AnnotationThis section bars a Wisconsin prosecution under this chapter for the same conduct on which a prior federal conviction is based. The restriction is not limited to the same crime as defined by its statutory elements. State v. Hansen, 2001 WI 53, 243 Wis. 2d 328, 627 N.W.2d 195, 99-1128.
961.45 AnnotationIf a conspiracy involves multi-layered conduct, and all such conduct is part of the overarching common scheme, this section does not bar prosecution when some other part of the multi-layered conduct has resulted in a prosecution in some other jurisdiction. State v. Bautista, 2009 WI App 100, 320 Wis. 2d 582, 770 N.W.2d 744, 08-1692.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2001–2021 · leading case: State v. Hansen, 2001 WI 53 (Wis. 2001).
State v. Hansen, 2001 WI 53 (Wis. 2001). “Hansen (Hansen), asserts that Wis. Stat. § 961.45 (1995-96) [1] bars a state prosecution under Chapter 961 for the same conduct upon which a prior federal conviction is based.”
State v. Swinson, 2003 WI App 45 (Wis. Ct. App. 2003). “45 , while defendants who are charged with non-drug offenses do not have that protection, and may be charged with violations of Wisconsin law even after they have been convicted or acquitted for the same act in another jurisdiction.”
State v. Bautista, 2009 WI App 100 (Wis. Ct. App. 2009). “2d 195 , our supreme court addressed Wis. Stat. § 961.45 (2007-08), 1 providing for double jeopardy protection against successive prosecutions by dual sovereignties in the context of controlled substance offenses.”
State v. Lisa Rena Lantz (Wis. Ct. App. 2021). “365 does not indicate any legislative intent against cumulative punishments for conspiring to deliver methamphetamine and soliciting the delivery of methamphetamine when those crimes are prosecuted together.”
State v. Nickelson, 2020 Ohio 1149 (2020). “{¶29} Although there is no legislative history in Ohio or the NCCUSL to guide our interpretation of the phrase “same act,” courts in other states that have adopted section 405 of the model act provide some guidance.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.