01-2503 State v. Lasky

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“The state element requires merely that the defendant used or threatened to use a dangerous weapon. At the federal level, the prosecution is required to prove that the victim was assaulted or that the victim’s life was in jeopardy. See 18 U.S.C. § 2113(d). …

“We acknowledge that there may be some cases where the same evidence used to prove that the defendant used or threatened to use a dangerous weapon, see Wis. Stat. § 943.32(2), could be used to prove that the victim was placed in an objective state of danger. See 18 U.S.C. § 2113(d); Roustio, 455 F.2d at 371. However, because there are cases where the use or threatened use of a dangerous weapon will not endanger the victim’s life, we cannot conclude that the two elements are the same.”

Further, the state offense requires proof of a specific intent to steal whereas the federal crime is a general intent crime.

Judgment affirmed.

Recommended for publication in the official reports.

Dist III, Shawano County, Grover, J., Cane, C.J.

Attorneys:

For Appellant: Eileen A. Hirsch, Madison

For Respondent: Gary R. Bruno, Shawano; Gregory M. Weber, Madison