On Point blog, page 2 of 2
§ 948.22(2), Nonsupport –statute of limitations, unit of prosecution
State v. Ronald L. Monarch, 230 Wis.2d 542, 602 N.W.2d 179 (Ct. App. 1999)
For Monarch: Craig S. Lambert
Issue: Whether a charge of § 948.22(2) nonsupport based on arrearages accrued more than six years prior to the charge is barred by the statute of limitations
Holding:: The crime of nonsupport is complete after each 120-day period of intentional failure to pay, including arrearages as well as current obligations,
§ 948.31, Interference with Custody — Affirmative Defense
State v. Mark Inglin, 224 Wis.2d 764, 592 N.W.2d 666 (Ct. App. 1999)
For Inglin: Stephen M. Glynn & Robert R. Henak
Holding: Inglin argues denial of right to offer an affirmative defense to § 948.31(1)(b), namely that his actions were necessary to prevent mental harm to the child. Although his argument “present[s] an intriguing due process theory based on the interplay of § 948.04(2), Stats., and 948.31(4)(a), Stats.