HO-CHUNK NATION LEGISLATURE

HO-CHUNK NATION LEGISLATURE

Governing Body of the Ho-Chunk Nation

HO-CHUNK NATION CODE (HCC)

TITLE 9 – CRIMINAL CODE

SECTION 947 – CRIMES AGAINST PUBLIC PEACE, ORDER AND

OTHER INTERESTS

ENACTED BY LEGISLATURE: May 5, 2015

CITE AS: 9 HCC § 947

TABLE OF CONTENTS

947.01 Disorderly Conduct …………………………………………………… 1

947.011 Disrupting a funeral or memorial service …………………………..…. 1

947.012 Unlawful use of telephone …………………………………………….. 2

947.0125 Unlawful use of computerized communication systems ……..……….. 2

947.013 Harassment ……………………………………………………………. 3

947.015 Bomb scares …………………………………………………………... 4

947.017 Threats to release chemical, biological, or radioactive substances …… 4

947.06 Unlawful assemblies and their suppression ………………………...…. 5

947.01 Disorderly conduct.

(1) Whoever, in a public or private place, engages in violent, abusive, indecent, profane,

boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the

conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.

(2) Unless other facts and circumstances that indicate a criminal or malicious intent on the part of

the person apply, a person is not in violation of, and may not be charged with a violation of, this

section for loading, carrying, or going armed with a firearm, without regard to whether the firearm

is loaded or is concealed or openly carried.

947.011 Disrupting a funeral or memorial service.

(1) In this section:

(a) “Facility” includes a cemetery in which a funeral or memorial service takes place.

(b) “Funeral or memorial service” includes a wake or a burial, but does not include a service that

is not intended to honor or commemorate one or more specific decedents.

(2) (a) No person may do any of the following during a funeral or memorial service, during the 60

minutes immediately preceding the scheduled starting time of a funeral or memorial service if a

starting time has been scheduled, or during the 60 minutes immediately following a funeral

or memorial service:

1. Engage in conduct that is prohibited under s. 947.01 (1) within 500 feet of any entrance

to a facility being used for the service with the intent to disrupt the service.

2. Intentionally block access to a facility being used for the service.

(b) No person, with the intent to disrupt a funeral procession, may impede vehicles that he or

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she knows are part of the procession.

(c) No person may do any of the following during a funeral or memorial service, during the 60

minutes immediately preceding the scheduled starting time of a funeral or memorial service if

a starting time has been scheduled, or during the 60 minutes immediately following a funeral or

memorial service:

1. Engage in conduct that is prohibited under s. 947.01 (1) within 500 feet of any entrance

to a facility being used for the service.

2. Block access to a facility being used for the service.

(d) No person may impede vehicles that are part of a funeral procession if the person’s conduct

violates s. 947.01 (1).

(3)(a) Except as provided in par. (b), any person who violates this section is guilty of a Class A

misdemeanor.

(b) Any person who violates sub. (2) (a) or (b) after having been convicted of a violation of

this section is guilty of a felony.

947.012 Unlawful use of telephone.

(1) Whoever does any of the following is guilty of a Class B misdemeanor:

(a) With intent to frighten, intimidate, threaten, abuse or harass, makes a telephone call and

threatens to inflict injury or physical harm to any person or the property of any person.

(b) With intent to frighten, intimidate, threaten or abuse, telephones another and uses any

obscene, lewd or profane language or suggests any lewd or lascivious act.

(c) Makes a telephone call, whether or not conversation ensues, without disclosing his or

her identity and with intent to abuse or threaten any person at the called number.

(2) Whoever does any of the following is subject to a Class B forfeiture:

(a) With intent to harass or offend, telephones another and uses any obscene, lewd or profane

language or suggests any lewd or lascivious act.

(b) Makes or causes the telephone of another repeatedly to ring, with intent to harass any

person at the called number.

(c) Makes repeated telephone calls, whether or not conversation ensues, with intent solely to

harass any person at the called number.

(d) Makes a telephone call, whether or not conversation ensues, without disclosing his or

her identity and with intent to harass any person at the called number.

(e) Knowingly permits any telephone under his or her control to be used for any purpose

prohibited by this section.

947.0125 Unlawful use of computerized communication systems.

(1) In this section, “message” means any transfer of signs, signals, writing, images, sounds, data or

intelligence of any nature, or any transfer of a computer program, as defined in s. 943.70 (1) (c).

(2) Whoever does any of the following is guilty of a Class B misdemeanor:

(a) With intent to frighten, intimidate, threaten, abuse or harass another person, sends a message

to the person on an electronic mail or other computerized communication system and in that

message threatens to inflict injury or physical harm to any person or the property of any person.

(b) With intent to frighten, intimidate, threaten, abuse or harass another person, sends a message

on an electronic mail or other computerized communication system with the reasonable

expectation that the person will receive the message and in that message threatens to inflict injury

or physical harm to any person or the property of any person.

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(c) With intent to frighten, intimidate, threaten or abuse another person, sends a message to

the person on an electronic mail or other computerized communication system and in that

message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.

(d) With intent to frighten, intimidate, threaten or abuse another person, sends a message

on an electronic mail or other computerized communication system with the reasonable

expectation that the person will receive the message and in that message uses any obscene, lewd

or profane language or suggests any lewd or lascivious act.

(e) With intent to frighten, intimidate, threaten or abuse another person, sends a message to

the person on an electronic mail or other computerized communication system while

intentionally preventing or attempting to prevent the disclosure of his or her own identity.

(f) While intentionally preventing or attempting to prevent the disclosure of his or her identity

and with intent to frighten, intimidate, threaten or abuse another person, sends a message on

an electronic mail or other computerized communication system with the reasonable

expectation that the person will receive the message.

(3) Whoever does any of the following is subject to a Class B forfeiture:

(a) With intent to harass, annoy or offend another person, sends a message to the person on an

electronic mail or other computerized communication system and in that message uses any

obscene, lewd or profane language or suggests any lewd or lascivious act.

(b) With intent to harass, annoy or offend another person, sends a message on an electronic

mail or other computerized communication system with the reasonable expectation that the

person will receive the message and in that message uses any obscene, lewd or profane language

or suggests any lewd or lascivious act.

(c) With intent solely to harass another person, sends repeated messages to the person on an

electronic mail or other computerized communication system.

(d) With intent solely to harass another person, sends repeated messages on an electronic mail

or other computerized communication system with the reasonable expectation that the person

will receive the messages.

(e) With intent to harass or annoy another person, sends a message to the person on an electronic

mail or other computerized communication system while intentionally preventing or attempting

to prevent the disclosure of his or her own identity.

(f) While intentionally preventing or attempting to prevent the disclosure of his or her identity

and with intent to harass or annoy another person, sends a message on an electronic mail or

other computerized communication system with the reasonable expectation that the person will

receive the message.

(g) Knowingly permits or directs another person to send a message prohibited by this section

from any computer terminal or other device that is used to send messages on an electronic

mail or other computerized communication system and that is under his or her control.

947.013 Harassment.

(1) In this section:

(a) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of

time, however short, evidencing a continuity of purpose.

(b) “Credible threat” means a threat made with the intent and apparent ability to carry out the

threat.

(c) “Personally identifiable information” means information that can be associated with a

particular individual through one or more identifiers or other information or circumstances.

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(d) “Record” means any material on which written, drawn, printed, spoken, visual, or

electromagnetic information or electronically generated or stored data is recorded or preserved,

regardless of physical form or characteristics, which has been created or is being kept by an

authority. "Record" includes, but is not limited to, handwritten, typed or printed pages, maps,

charts, photographs, films, recordings, tapes, optical disks, and any other medium on which

electronically generated or stored data is recorded or preserved. "Record" does not include

drafts, notes, preliminary computations and like materials prepared for the originator's personal

use or prepared by the originator in the name of a person for whom the originator is working;

materials which are purely the personal property of the custodian and have no relation to his or

her office; materials to which access is limited by copyright, patent or bequest; and published

materials in the possession of an authority other than a public library which are available for

sale, or which are available for inspection at a public library.

(1m) Whoever, with intent to harass or intimidate another person, does any of the following is

subject to a Class B forfeiture:

(a) Strikes, shoves, kicks or otherwise subjects the person to physical contact or attempts or

threatens to do the same.

(b) Engages in a course of conduct or repeatedly commits acts which harass or intimidate the

person and which serve no legitimate purpose.

(1r) Whoever violates sub. (1m) under all of the following circumstances is guilty of a Class A

misdemeanor:

(a) The act is accompanied by a credible threat that places the victim in reasonable fear of death

or great bodily harm.

(b) The act occurs while the actor is subject to a restraining order or injunction for domestic

violence, child abuse or harassment that prohibits or limits his or her contact with the victim.

(1t) Whoever violates sub. (1r) is guilty of a felony if the person has a prior conviction under this

subsection or sub. (1r), (1v), or (1x) or s. 940.32 (2), (2e), (2m), or (3) involving the same victim

and the present violation occurs within 7 years of the prior conviction.

(1v) Whoever violates sub. (1r) is guilty of a felony if he or she intentionally gains access to a

record in electronic for- mat that contains personally identifiable information regarding the

victim in order to facilitate the violation under sub. (1r).

(1x) Whoever violates sub. (1r) under all of the following circumstances is guilty of a felony:

(a) The person has a prior conviction under sub. (1r), (1t) or (1v) or this subsection or s. 940.32

(2), (2e), (2m), or (3).

(b) The person intentionally gains access to a record in order to facilitate the current violation

under sub. (1r).

(2) This section does not prohibit any person from participating in lawful conduct in labor disputes.

947.015 Bomb scares. Whoever intentionally conveys or causes to be conveyed any threat or

false information, knowing such to be false, concerning an attempt or alleged attempt being made

or to be made to destroy any property by the means of explosives is guilty of a felony.

947.017 Threats to release chemical, biological, or radioactive substances.

(1) In this section:

(a) “Biological agent” means a microorganism or an infectious substance, or any naturally

occurring, bioengineered, or synthesized toxin or component of a microorganism or an infectious

substance that is capable of causing death, disease, or other biological malfunction in humans.

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(b) “Harmful substance” means radioactive material that is harmful to human life, a toxic

chemical or its precursor, or a bio- logical agent.

(c) “Microorganism” includes a bacterium, virus, fungus, rickettsia, or protozoan.

(d) “Precursor” means any chemical reactant that takes part at any stage in the production by

whatever method of a toxic chemical.

(e) “Toxic chemical” means any chemical that through its chemical action on life processes

can cause death, temporary incapacitation, or permanent harm to humans.

(2) Whoever, knowing the threat to be false, intentionally threatens to release or disseminate

a harmful substance, if the threat induces a reasonable expectation or fear that the person will

release or disseminate a harmful substance, is guilty of a felony.

947.06 Unlawful assemblies and their suppression.

(1) Peace Officers have a duty to suppress unlawful assemblies within their jurisdiction. For that

reason they may order all persons who are part of an assembly to disperse. An “unlawful

assembly” is an assembly which consists of 3 or more persons and which causes such a disturbance

of public order that it is reason- able to believe that the assembly will cause injury to persons or

damage to property unless it is immediately dispersed.

(2) An “unlawful assembly” includes an assembly of persons who assemble for the purpose of

blocking or obstructing the lawful use by any other person, or persons of any private or public

thoroughfares, property or of any positions of access or exit to or from any private or public

building, or dwelling place, or any portion thereof and which assembly does in fact so block or

obstruct the lawful use by any other person, or persons of any such private or public thoroughfares,

property or any position of access or exit to or from any private or public building, or dwelling place,

or any portion thereof.

(3) Whoever intentionally fails or refuses to withdraw from an unlawful assembly which the person

knows has been ordered to disperse is guilty of a Class A misdemeanor.

(4) Whoever causes, attempts to cause, or participates in an unlawful assembly upon any property

of a public institution of higher education or upon any highway abutting on such property, is

punishable under sub. (3) if he or she fails to withdraw from the assembly promptly upon issuance

of an order to disperse, if such order is given in such manner that such person can reasonably be

expected to hear or read such order.

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Legislative History:

12/17/13

12/11/14

01/06/15

03/17/15

05/05/15

05/16/16

Legislature established the Criminal Code Workgroup through Resolution 12-17-13C.

The Criminal Code Workgroup presented the Criminal Code to the Administration

Committee at which time it was referred to the full Legislature to be placed out for 45 Day

Public Comment.

Legislature placed the Criminal Code out for 45 Day Public Comment by Resolution 0106-15B.

Legislature placed the Criminal Code out for an additional 45 Day Public Comment by

Resolution 03-17-15K.

Legislature enacted the Criminal Code through Resolution 05-05-15P.

Technical corrections made in accordance with Section 45 of the Legislative Organization

Act (2 HCC § 11).