Wisconsin § 946.415 - Failure to comply with officer’s attempt to take person into custody.

§ 946.415. Failure to comply with officer’s attempt to take person into custody.

946.415(1) (1) In this section, “officer” has the meaning given in s. 946.41 (2) (b) . 946.415(2) (2) Whoever intentionally does all of the following is guilty of a Class I felony: 946.415(2)(a) (a) Refuses to comply with an officer’s lawful attempt to take him or her into custody. 946.415(2)(b) (b) Retreats or remains in a building or place and, through action or threat, attempts to prevent the officer from taking him or her into custody. 946.415(2)(c) (c) While acting under pars. (a) and (b) , remains or becomes armed with a dangerous weapon or threatens to use a dangerous weapon regardless of whether he or she has a dangerous weapon. 946.415 History History: 1995 a. 93 ; 2001 a. 109 . 946.415 Annotation This section delineates one crime: a suspect’s armed, physical refusal to be taken into custody. It can be committed by action or threat, which are alternative ways of threatening an officer to avoid being taken into custody. A jury instruction requiring unanimity on which occurred is not required. State v. Koeppen, 2000 WI App 121 , 237 Wis. 2d 418 , 614 N.W.2d 530 , 99-0418 .