Wisconsin Legislative Council
ACT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Prepared by: David Moore, Senior Staff Attorney June 2, 2023
2023 Wisconsin Act 10
[2023 Senate Bill 76]
Carjacking
Prior law provided that whoever, while possessing a dangerous weapon and by the use of, or the threat
of the use of, force or the weapon against another, intentionally takes any vehicle without the consent of
the owner is guilty of a Class C felony. Under both prior and current law, a person who knows the owner
does not consent to the driving or operation of a vehicle and intentionally accompanies as a passenger
in the vehicle a person who violates this prohibition is guilty of a Class A misdemeanor. Also under both
prior and current law, it is a Class E felony to intentionally take any vehicle without the consent of the
owner by the use of force or the threat of use of force against another. These offenses are commonly
known as “carjacking,” though the statutes did not use that term under prior law.
2023 Wisconsin Act 10 raises the penalty for the offense of intentionally taking a vehicle, while
possessing a dangerous weapon, without the consent of the owner, by use or threat of force or use or
threat of the weapon from a Class C felony to a Class B felony. It also reorganizes the offenses
commonly referred to as “carjacking” into a new statutory section titled “carjacking.”
Effective date: May 12, 2023
For a full history of the bill, visit the Legislature’s bill history page.
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