Section 971.365 – Crimes involving certain controlled substances

May 14, 2021 | Criminal Procedure, Wisconsin

(1)

(a) In any case under s. 961.41(1) (em), 1999 stats., or s. 961.41(1) (cm), (d), (e), (f), (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.
(b) In any case under s. 961.41(1m) (em), 1999 stats., or s. 961.41(1m) (cm), (d), (e), (f), (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.
(c) In any case under s. 961.41(3g) (a) 2, 1999 stats., or s. 961.41(3g) (dm), 1999 stats., or s. 961.41(3g) (am), (c), (d), (e), or (g) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.
(2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41(1) (em), 1999 stats., s. 961.41(1m) (em), 1999 stats., s. 961.41(3g) (a) 2, 1999 stats., or s. 961.41(3g) (dm), 1999 stats., or s. 961.41(1) (cm), (d), (e), (f), (g), or (h), (1m) (cm), (d), (e), (f), (g), or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial on the original charge.

Wis. Stat. ยง 971.365

1985 a. 328; 1987 a. 339; 1989 a. 121; 1993 a. 98, 118, 490; 1995 a. 448; 1999 a. 48; 2001 a. 109; 2003 a. 49.