Wisconsin 939.625 Increased penalty for criminal gang crimes
(1)(a) If a person is convicted of a crime under ch. 161 or under chs. 939 to 948 committed for the benefit of, at the direction of or in association with any criminal gang, with the specific intent to promote, further or assist in any criminal conduct by criminal gang members, the penalties for the underlying crime are increased as provided in par. (b).
(b) If par. (a) applies:
- The maximum term of imprisonment for a misdemeanor may be increased by not more than 6 months. This subdivision does not change the status of the crime from a misdemeanor to a felony.
- If the maximum term of imprisonment for a felony is more that 5 years or is a life term, the maximum term of imprisonment for the felony may be increased by not more than 4 years.
- If the maximum term of imprisonment for a felony is more than 2 years, but not more than 5 years, the maximum term of imprisonment for the felony may be increased by not more than 4 years.
- The maximum term of imprisonment for a felony not specified in subd. 2. Or 3. May be increased by not more that 3 years.
(2) The court shall direct that the trier of fact find a special verdict as to whether the underlying crime was committed for the benefit of, at the direction of or in association with any criminal gang, with the specific intent to promote, further or assist in any criminal conduct by criminal gang members.
