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Wis. Stat. § 946.12

Misconduct in public office

Known as the Wisconsin Organized Crime Control Act

The act spans §§ 946.01 to 946.93 (62 sections).

Applied in 22 court decisions — leading case Harris v. Harvey (1979)

Most recently applied in 384 Wis. 2d 414 - Donohoo v. Douglas Cnty. (September 2018)

1977 c. 173; 1993 a. 486; 2001 a. 109

How often courts cite this section

1979199020002010201830
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Any public officer or public employee who does any of the following is guilty of a Class I felony:

(1) Intentionally fails or refuses to perform a known mandaCRIMES AGAINST GOVERNMENT AND ITS ADMINISTRATION 946.133 tory, nondiscretionary, ministerial duty of the officer’s or employee’s office or employment within the time or in the manner required by law; or (2) In the officer’s or employee’s capacity as such officer or employee, does an act which the officer or employee knows is in excess of the officer’s or employee’s lawful authority or which the officer or employee knows the officer or employee is forbidden by law to do in the officer’s or employee’s official capacity; or (3) Whether by act of commission or omission, in the officer’s or employee’s capacity as such officer or employee exercises a discretionary power in a manner inconsistent with the duties of the officer’s or employee’s office or employment or the rights of others and with intent to obtain a dishonest advantage for the officer or employee or another; or (4) In the officer’s or employee’s capacity as such officer or employee, makes an entry in an account or record book or return, certificate, report or statement which in a material respect the officer or employee intentionally falsifies; or (5) Under color of the officer’s or employee’s office or employment, intentionally solicits or accepts for the performance of any service or duty anything of value which the officer or employee knows is greater or less than is fixed by law.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.