Wis. Stat. » CHAPTER 973 — SENTENCING
Wisconsin Statutes

Wis. Stat. § 973.123 (2026)

Sentence for certain violent offenses; use of a firearm

✓ current as of July 2026
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973.123973.123 Sentence for certain violent offenses; use of a firearm.
973.123(1)(1) In this section, “violent felony” means any felony under s. 943.23 (1m), 1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20, 940.201, 940.203, 940.204, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.29, 941.292, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.
973.123 NoteNOTE: Sections 940.19, 940.195, 940.198, 940.20, 940.201, 940.203, and 940.204 were renumbered or repealed by 2025 Wis. Act 24, which provided for a recodification of battery statutes.
973.123(2)(2) A court shall impose a bifurcated sentence under s. 973.01 if the court sentences a person for committing a violent felony and the court finds that all of the following are true:
973.123(2)(a)(a) At the time the person committed the violent felony, he or she was subject to s. 941.29 because he or she was convicted of, adjudicated delinquent for, or found not guilty of by reason of mental disease or defect, committing, soliciting, conspiring, or attempting to commit a prior violent felony.
973.123(2)(b)(b) The person used a firearm in the commission of the violent felony for which the court is imposing the sentence.
973.123(3)(3) The confinement portion of a bifurcated sentence imposed pursuant to sub. (2) shall be:
973.123(3)(a)(a) Not less than 5 years if the violent felony is a Class A, Class B, Class C, Class D, Class E, Class F, or Class G felony.
973.123(3)(b)(b) Not less than 3 years if the violent felony is a Class H felony.
973.123(3)(c)(c) Not less than one year and 6 months if the violent felony is a Class I felony.
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973.123(4)(4) If a court sentences a person under this section and also imposes a sentence pursuant to s. 941.29 (4m) arising from the same occurrence, the court shall order the person to serve the sentences consecutively.
973.123(5)(5) This section does not apply to sentences imposed after July 1, 2020.
973.123 HistoryHistory: 2015 a. 109; 2021 a. 76, 209; 2023 a. 10.
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2019–2023 · leading case: State v. Brandon S. Grady (Wis. Ct. App. 2022).
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State v. Brandon S. Grady (Wis. Ct. App. 2022). · cites it 20× “§ 973.123 was erroneously applied to his case.”
State v. James Young (Wis. Ct. App. 2023). · cites it 5× “§ 973.123 (applying only to felonies). ¶28 Postconviction, after Young was aware that he was subject to a nine- year mandatory minimum, the parties attempted to resolve the case.”
State v. Bobby L. Green (Wis. Ct. App. 2019). · cites it 3× “§ 973.123(2)-(3) (2015-16). Green was also subject to a three-year mandatory minimum prison sentence for the possession of a firearm charge.”
— Wis. Stat. § 973.123(2) — 2 cases
State v. Bobby L. Green (Wis. Ct. App. 2019). “§ 973.123(2)-(3) (2015-16). Green was also subject to a three-year mandatory minimum prison sentence for the possession of a firearm charge.”
State v. James Young (Wis. Ct. App. 2023). “§ 973.123 (applying only to felonies). ¶28 Postconviction, after Young was aware that he was subject to a nine- year mandatory minimum, the parties attempted to resolve the case.”
— Wis. Stat. § 973.123(2)(b) — 1 case
State v. Brandon S. Grady (Wis. Ct. App. 2022). “§ 973.123 was erroneously applied to his case.”
— Wis. Stat. § 973.123(3) — 1 case
State v. Bobby L. Green (Wis. Ct. App. 2019). “§ 973.123(2)-(3) (2015-16). Green was also subject to a three-year mandatory minimum prison sentence for the possession of a firearm charge.”
— Wis. Stat. § 973.123(4) — 2 cases
State v. James Young (Wis. Ct. App. 2023). “§ 973.123 (applying only to felonies). ¶28 Postconviction, after Young was aware that he was subject to a nine- year mandatory minimum, the parties attempted to resolve the case.”
State v. Bobby L. Green (Wis. Ct. App. 2019). “§ 973.123(2)-(3) (2015-16). Green was also subject to a three-year mandatory minimum prison sentence for the possession of a firearm charge.”
— Wis. Stat. § 973.123(5) — 1 case
State v. James Young (Wis. Ct. App. 2023). “§ 973.123 (applying only to felonies). ¶28 Postconviction, after Young was aware that he was subject to a nine- year mandatory minimum, the parties attempted to resolve the case.”
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