Soliciting someone who is younger than 18 years of age to join a gang or take part in illegal gang activity is a felony that could be penalized with a Class I felony in Wisconsin: up to a $10,000 fine, up to 3.5 years in prison or both.

Gang Member Solicitation & your record

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Criminal Defense Attorney for §941.38 Criminal Gang Member Solicitation And Contact

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The following legal summary may be outdated due to changes in the law. Grieve Law makes no claims regarding the accuracy of the information below. If you are facing criminal charges, you should consult an experienced criminal defense lawyer immediately.

Overview of Wisconsin Statute §941.38: Criminal Gang Member Solicitation And Contact

Under Wisconsin law, it is a Class I felony to intentionally solicit anyone under 18 years old to participate in criminal gang activity. The statute defines “criminal gang activity” as:

• Manufacture, distribution or delivery of a controlled substance or controlled substance analog
• First-degree intentional homicide
• Second-degree intentional homicide
• Battery
• Battery, special circumstances
• Battery or threat to witness
• Mayhem
• Sexual assault
• False imprisonment in WI
• Taking hostages
• Kidnapping
• Intimidation of witnesses
• Intimidation of victims
• Criminal damage to property
• Criminal damage to or threat to criminally damage the property of a witness
• Arson of buildings or damage by explosives
• Burglary
• Theft
• Taking, driving or operating a vehicle, or removing a part or component of a vehicle, without the owner's consent
• Robbery
• Sexual assault of a child
• Repeated acts of sexual assault of the same child
• A crime under s. 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, or 943.90 or, if the victim is a financial institution, as defined in s. 943.80 (2), a crime under s. 943.84 (1) or (2).
• Sexual assault of a child placed in substitute care

Under the statute, it is a Class A misdemeanor to violate a court order to refrain from contacting a criminal gang member if these 3 conditions are met:

• The person who is subject to the court order is a criminal gang member.
• The court informs the person of the contact restriction orally and in writing.
• The order specifies how long the contact restriction stays in effect.