Wisconsin § 961.45 - Bar to prosecution.
Full text of Wisconsin Wisconsin Statutes § 961.45 — Bar to prosecution., with citation guidance and answers to common questions.
§ 961.45. 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 History History: 1971 c. 219 ; 1995 a. 448 s. 272 ; Stats. 1995 s. 961.45. 961.45 Annotation Under 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 Annotation This 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 Annotation If 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 .
Source: official Wisconsin text · Last verified 2026-08-27
Frequently Asked Questions About Wisconsin § 961.45
What does Wisconsin Statutes § 961.45 cover?
Section 961.45 ("Bar to prosecution.") is part of the Wisconsin Statutes, the codified statutory law of Wisconsin. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Wisconsin § 961.45?
A common citation format is "Wisconsin Statutes § 961.45" (Wisconsin). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Wisconsin law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Wisconsin official source linked on this page or consult a licensed Wisconsin attorney.
How does Wisconsin § 961.45 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Wisconsin can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Wisconsin.