Crimes against life and bodily security

Wis. Stat. ch. 940

in effect

Wis. Stat. § 940.01 First-degree intentional homicide

(1) Offenses. (a) Except as provided in sub. (2), whoever causes the death of another human being with intent to kill that person or another is guilty of a Class A felony. (b) Except as provided in sub. (2), whoever causes the death of an unborn child with intent to kill that unborn child, kill the woman who is pregnant with that unborn child or kill another is guilty of a Class A felony. (2) Mitigating circumstances. The following are affirmative defenses to prosecution under this section which mitigate the offense to 2nd-degree intentional homicide under s. 940.05: (a) Adequate provocation. Death was caused under the influence of adequate provocation as defined in s. 939.44. (b) Unnecessary defensive force. Death was caused because the actor believed he or she or another was in imminent danger of death or great bodily harm and that the force used was necessary to defend the endangered person, if either belief was unreasonable. (c) Prevention of felony. Death was caused because the actor believed that the force used was necessary in the exercise of the privilege to prevent or terminate the commission of a felony, if that belief was unreasonable. (d) Coercion; necessity. Death was caused in the exercise of a privilege under s. 939.45 (1). (3) Burden of proof. When the existence of an affirmative defense under sub. (2) has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the defense did not exist in order to sustain a finding of guilt under sub. (1).

Wis. Stat. § 940.02 First-degree reckless homicide

(1) Whoever recklessly causes the death of another human being under circumstances which show utter disregard for human life is guilty of a Class B felony. (1m) Whoever recklessly causes the death of an unborn child under circumstances that show utter disregard for the life of that unborn child, the woman who is pregnant with that unborn child or another is guilty of a Class B felony. (2) Whoever causes the death of another human being under any of the following circumstances is guilty of a Class B felony: (a) By manufacture, distribution or delivery, in violation of s. 961.41, of a controlled substance included in schedule I or II under ch. 961, of a controlled substance analog of a controlled substance included in schedule I or II under ch. 961 or of ketamine or flunitrazepam, if another human being uses the controlled substance or controlled substance analog and dies as a result of that use. This paragraph applies: 1. Whether the human being dies as a result of using the controlled substance or controlled substance analog by itself or with any compound, mixture, diluent or other substance mixed or combined with the controlled substance or controlled substance analog. 2. Whether or not the controlled substance or controlled substance analog is mixed or combined with any compound, mixture, diluent or other substance after the violation of s. 961.41 occurs. 3. To any distribution or delivery described in this paragraph, regardless of whether the distribution or delivery is made directly to the human being who dies. If possession of the controlled substance included in schedule I or II under ch. 961, of the controlled substance analog of the controlled substance included in schedule I or II under ch. 961 or of the ketamine or flunitrazepam is transferred more than once prior to the death as described in this paragraph, each person who distributes or delivers the controlled substance or controlled substance analog in violation of s. 961.41 is guilty under this paragraph. (b) By administering or assisting in administering a controlled substance included in schedule I or II under ch. 961, a controlled substance analog of a controlled substance included in schedule I or II of ch. 961 or ketamine or flunitrazepam, without lawful authority to do so, to another human being and that human being dies as a result of the use of the substance. This paragraph applies whether the human being dies as a result of using the controlled substance or controlled substance analog by itself or with any compound, mixture, diluent or other substance mixed or combined with the controlled substance or controlled substance analog.

Wis. Stat. § 940.03 Felony murder

Whoever causes the death of another human being while committing or attempting to commit a crime specified in s. 940.225 (1) or (2) (a), 940.30, 940.31, 940.60, 940.61, 940.62, 940.65, 943.02, 943.10 (2), 943.231 (1), 943.32 (2), or 947.016 (1), (2), or (3) or s. 940.19, 2023 stats., s. 940.195, 2023 stats., s. 940.20, 2023 stats., s. 940.201, 2023 stats., s. 940.203, 2023 stats., or s. 940.204, 2023 stats., may be imprisoned for not more than 15 years in excess of the maximum term of imprisonment provided by law for that crime or attempt.

Wis. Stat. § 940.04 Abortion

(1) Any person, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony. (2) Any person, other than the mother, who does either of the following is guilty of a Class E felony: (a) Intentionally destroys the life of an unborn quick child; or (b) Causes the death of the mother by an act done with intent to destroy the life of an unborn child. It is unnecessary to prove that the fetus was alive when the act so causing the mother’s death was committed. (5) This section does not apply to a therapeutic abortion which: (a) Is performed by a physician; and (b) Is necessary, or is advised by 2 other physicians as necessary, to save the life of the mother; and (c) Unless an emergency prevents, is performed in a licensed maternity hospital. (6) In this section “unborn child” means a human being from the time of conception until it is born alive.

Wis. Stat. § 940.05 Second-degree intentional homicide

(1) Whoever causes the death of another human being with intent to kill that person or another is guilty of a Class B felony if: (a) In prosecutions under s. 940.01, the state fails to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist as required by s. 940.01 (3); or (b) The state concedes that it is unable to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist. By charging under this section, the state so concedes. (2) In prosecutions under sub. (1), it is sufficient to allege and prove that the defendant caused the death of another human being with intent to kill that person or another. (2g) Whoever causes the death of an unborn child with intent to kill that unborn child, kill the woman who is pregnant with that unborn child or kill another is guilty of a Class B felony if: (a) In prosecutions under s. 940.01, the state fails to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist as required by s. 940.01 (3); or (b) The state concedes that it is unable to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist. By charging under this section, the state so concedes. (2h) In prosecutions under sub. (2g), it is sufficient to allege and prove that the defendant caused the death of an unborn child with intent to kill that unborn child, kill the woman who is pregnant with that unborn child or kill another. (3) The mitigating circumstances specified in s. 940.01 (2) are not defenses to prosecution for this offense.

Wis. Stat. § 940.06 Second-degree reckless homicide

(1) Whoever recklessly causes the death of another human being is guilty of a Class D felony. (2) Whoever recklessly causes the death of an unborn child is guilty of a Class D felony.

Wis. Stat. § 940.07 Homicide resulting from negligent control of vicious animal

Whoever knowing the vicious propensities of any animal intentionally allows it to go at large or keeps it without ordinary care, if such animal, while so at large or not confined, kills any human being who has taken all the precautions which the circumstances may permit to avoid such animal, is guilty of a Class G felony.

Wis. Stat. § 940.08 Homicide by negligent handling of dangerous weapon, explosives or fire

(1) Except as provided in sub. (3), whoever causes the death of another human being by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class G felony. (2) Whoever causes the death of an unborn child by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class G felony. (3) Subsection (1) does not apply to a health care provider acting within the scope of his or her practice or employment.

Wis. Stat. § 940.09 Homicide by intoxicated use of vehicle or firearm

(1) Any person who does any of the following may be penalized as provided in sub. (1c): (a) Causes the death of another by the operation or handling of a vehicle while under the influence of an intoxicant. (am) Causes the death of another by the operation or handling of a vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood. (b) Causes the death of another by the operation or handling of a vehicle while the person has a prohibited alcohol concentration, as defined in s. 340.01 (46m). (bm) Causes the death of another by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.08. (c) Causes the death of an unborn child by the operation or handling of a vehicle while under the influence of an intoxicant. (cm) Causes the death of an unborn child by the operation or handling of a vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood. (d) Causes the death of an unborn child by the operation or handling of a vehicle while the person has a prohibited alcohol concentration, as defined in s. 340.01 (46m). (e) Causes the death of an unborn child by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.08. (1c) (a) Except as provided in par. (b), a person who violates sub. (1) is guilty of a Class D felony. Upon conviction, the court shall impose a bifurcated sentence under s. 973.01 and the term of confinement in prison portion of the bifurcated sentence shall be at least 5 years except that a court may impose a term of confinement that is less than 5 years if the court finds a compelling reason and places its reason on the record. (b) A person who violates sub. (1) is guilty of a Class C felony if the person has one or more prior convictions, suspensions, or revocations, as counted under s. 343.307 (2). Upon conviction, the court shall impose a bifurcated sentence under s. 973.01 and the term of confinement in prison portion of the bifurcated sentence shall be at least 5 years except that a court may impose a term of confinement that is less than 5 years if the court finds a compelling reason and places its reason on the record. (1d) A person who violates sub. (1) is subject to the requirements and procedures for installation of an ignition interlock device under s. 343.301. (1g) Any person who does any of the following is guilty of a Class D felony: (a) Causes the death of another by the operation or handling of a firearm or airgun while under the influence of an intoxicant. (am) Causes the death of another by the operation or handling of a firearm or airgun while the person has a detectable amount of a restricted controlled substance in his or her blood. (b) Causes the death of another by the operation or handling of a firearm or airgun while the person has an alcohol concentration of 0.08 or more. (c) Causes the death of an unborn child by the operation or handling of a firearm or airgun while under the influence of an intoxicant. (cm) Causes the death of an unborn child by the operation or handling of a firearm or airgun while the person has a detectable amount of a restricted controlled substance in his or her blood. (d) Causes the death of an unborn child by the operation or handling of a firearm or airgun while the person has an alcohol concentration of 0.08 or more. (1m) (a) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of any combination of sub. (1) (a), (am), or (b); any combination of sub. (1) (a), (am), or (bm); any combination of sub. (1) (c), (cm), or (d); any combination of sub. (1) (c), (cm), or (e); any combination of sub. (1g) (a), (am), or (b); or any combination of sub. (1g) (c), (cm), or (d) for acts arising out of the same incident or occurrence. (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 23.335 (23) (c) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the others do not require, and sub. (1g) (a), (am), (b), (c), (cm), and (d) each require proof of a fact for conviction which the others do not require. (2) (a) In any action under this section, the defendant has a defense if he or she proves by a preponderance of the evidence that the death would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant, did not have a detectable amount of a restricted controlled substance in his or her blood, or did not have an alcohol concentration described under sub. (1) (b), (bm), (d) or (e) or (1g) (b) or (d). (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) that is based on the defendant allegedly having a detectable amount of methamphetamine or gamma-hydroxybutyric acid or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors or gamma-hydroxybutyric acid or delta-9-tetrahydrocannabinol. (3) An officer who makes an arrest for a violation of this section shall make a report as required under s. 23.33 (4t), 23.335 (12) (j), 30.686, 346.635 or 350.106.

Wis. Stat. § 940.10 Homicide by negligent operation of vehicle

(1) Whoever causes the death of another human being by the negligent operation or handling of a vehicle is guilty of a Class G felony. (2) Whoever causes the death of an unborn child by the negligent operation or handling of a vehicle is guilty of a Class G felony.

Wis. Stat. § 940.11 Mutilating or hiding a corpse

(1) Whoever mutilates, disfigures or dismembers a corpse, with intent to conceal a crime or avoid apprehension, prosecution or conviction for a crime, is guilty of a Class F felony. (2) Whoever hides or buries a corpse, with intent to conceal a crime or avoid apprehension, prosecution, or conviction for a crime or notwithstanding s. 946.90 (2) or (3), 946.91 (2), 946.92, or 946.93 (2) or (3) with intent to collect benefits under the assistance program for families with dependent children administered under ss. 49.141 to 49.161, the Medical Assistance program administered under subch. IV of ch. 49, or the food stamp program, as defined in s. 49.79 (1) (c), is guilty of a Class F felony. (3) A person may not be subject to prosecution under both this section and s. 946.47 or under both this section and s. 948.23 (2) for his or her acts regarding the same corpse.

Wis. Stat. § 940.12 Assisting suicide

Whoever with intent that another take his or her own life assists such person to commit suicide is guilty of a Class H felony.

Wis. Stat. § 940.13 Abortion exception

No fine or imprisonment may be imposed or enforced against and no prosecution may be brought against a woman who obtains an abortion or otherwise violates any provision of any abortion statute with respect to her unborn child or fetus, and s. 939.05, 939.30 or 939.31 does not apply to a woman who obtains an abortion or otherwise violates any provision of any abortion statute with respect to her unborn child or fetus.

Wis. Stat. § 940.15 Abortion

(1) In this section, “viability” means that stage of fetal development when, in the medical judgment of the attending physician based on the particular facts of the case before him or her, there is a reasonable likelihood of sustained survival of the fetus outside the womb, with or without artificial support. (2) Whoever intentionally performs an abortion after the fetus or unborn child reaches viability, as determined by reasonable medical judgment of the woman’s attending physician, is guilty of a Class I felony. (3) Subsection (2) does not apply if the abortion is necessary to preserve the life or health of the woman, as determined by reasonable medical judgment of the woman’s attending physician. (4) Any abortion performed under sub. (3) after viability of the fetus or unborn child, as determined by reasonable medical judgment of the woman’s attending physician, shall be performed in a hospital on an inpatient basis. (5) Whoever intentionally performs an abortion and who is not a physician is guilty of a Class I felony. (6) Any physician who intentionally performs an abortion under sub. (3) shall use that method of abortion which, of those he or she knows to be available, is in his or her medical judgment most likely to preserve the life and health of the fetus or unborn child. Nothing in this subsection requires a physician performing an abortion to employ a method of abortion which, in his or her medical judgment based on the particular facts of the case before him or her, would increase the risk to the woman. Any physician violating this subsection is guilty of a Class I felony. (7) Subsections (2) to (6) and s. 939.05, 939.30 or 939.31 do not apply to a woman who obtains an abortion that is in violation of this section or otherwise violates this section with respect to her unborn child or fetus.

Wis. Stat. § 940.16 Partial-birth abortion

(1) In this section: (a) “Child” means a human being from the time of fertilization until it is completely delivered from a pregnant woman. (b) “Partial-birth abortion” means an abortion in which a person partially vaginally delivers a living child, causes the death of the partially delivered child with the intent to kill the child, and then completes the delivery of the child. (2) Except as provided in sub. (3), whoever intentionally performs a partial-birth abortion is guilty of a Class A felony. (3) Subsection (2) does not apply if the partial-birth abortion is necessary to save the life of a woman whose life is endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical disorder, physical illness or physical injury caused by or arising from the pregnancy itself, and if no other medical procedure would suffice for that purpose.

Wis. Stat. § 940.21 Mayhem

Whoever, with intent to disable or disfigure another, cuts or mutilates the tongue, eye, ear, nose, lip, limb or other bodily member of another is guilty of a Class C felony.

Wis. Stat. § 940.22 Sexual exploitation by therapist; duty to report

(1) Definitions. In this section: (a) “Department” means the department of safety and professional services. (b) “Physician” has the meaning designated in s. 448.01 (5). (c) “Psychologist” means a person who practices psychology, as described in s. 455.01 (5). (d) “Psychotherapy” has the meaning designated in s. 455.01 (6). (e) “Record” means any document relating to the investigation, assessment and disposition of a report under this section. (f) “Reporter” means a therapist who reports suspected sexual contact between his or her patient or client and another therapist. (g) “Sexual contact” has the meaning designated in s. 940.225 (5) (b). (h) “Subject” means the therapist named in a report or record as being suspected of having sexual contact with a patient or client or who has been determined to have engaged in sexual contact with a patient or client. (i) “Therapist” means a physician, psychologist, social worker, marriage and family therapist, professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy. (2) Sexual contact prohibited. Any person who is or who holds himself or herself out to be a therapist and who intentionally has sexual contact with a patient or client during any ongoing therapist-patient or therapist-client relationship, regardless of whether it occurs during any treatment, consultation, interview or examination, is guilty of a Class F felony. Consent is not an issue in an action under this subsection. (3) Reports of sexual contact. (a) If a therapist has reasonable cause to suspect that a patient or client he or she has seen in the course of professional duties is a victim of sexual contact by another therapist or a person who holds himself or herself out to be a therapist in violation of sub. (2), as soon thereafter as practicable the therapist shall ask the patient or client if he or she wants the therapist to make a report under this subsection. The therapist shall explain that the report need not identify the patient or client as the victim. If the patient or client wants the therapist to make the report, the patient or client shall provide the therapist with a written consent to the report and shall specify whether the patient’s or client’s identity will be included in the report. (b) Within 30 days after a patient or client consents under par. (a) to a report, the therapist shall report the suspicion to: 1. The department, if the reporter believes the subject of the report is licensed by the state. The department shall promptly communicate the information to the appropriate examining board or affiliated credentialing board. 2. The district attorney for the county in which the sexual contact is likely, in the opinion of the reporter, to have occurred, if subd. 1. is not applicable. (c) A report under this subsection shall contain only information that is necessary to identify the reporter and subject and to express the suspicion that sexual contact has occurred in violation of sub. (2). The report shall not contain information as to the identity of the alleged victim of sexual contact unless the patient or client requests under par. (a) that this information be included. (d) Whoever intentionally violates this subsection by failing to report as required under pars. (a) to (c) is guilty of a Class A misdemeanor. (4) Confidentiality of reports and records. (a) All reports and records made from reports under sub. (3) and maintained by the department, examining boards, affiliated credentialing boards, district attorneys and other persons, officials and institutions shall be confidential and are exempt from disclosure under s. 19.35 (1). Information regarding the identity of a victim or alleged victim of sexual contact by a therapist shall not be disclosed by a reporter or by persons who have received or have access to a report or record unless disclosure is consented to in writing by the victim or alleged victim. The report of information under sub. (3) and the disclosure of a report or record under this subsection does not violate any person’s responsibility for maintaining the confidentiality of patient health care records, as defined in s. 146.81 (4) and as required under s. 146.82. Reports and records may be disclosed only to appropriate staff of a district attorney or a law enforcement agency within this state for purposes of investigation or prosecution. (b) 1. The department, a district attorney, an examining board or an affiliated credentialing board within this state may exchange information from a report or record on the same subject. 2. If the department receives 2 or more reports under sub. (3) regarding the same subject, the department shall communicate information from the reports to the appropriate district attorneys and may inform the applicable reporters that another report has been received regarding the same subject. 3. If a district attorney receives 2 or more reports under sub. (3) regarding the same subject, the district attorney may inform the applicable reporters that another report has been received regarding the same subject. 4. After reporters receive the information under subd. 2. or 3., they may inform the applicable patients or clients that another report was received regarding the same subject. (c) A person to whom a report or record is disclosed under this subsection may not further disclose it, except to the persons and for the purposes specified in this section. (d) Whoever intentionally violates this subsection, or permits or encourages the unauthorized dissemination or use of information contained in reports and records made under this section, is guilty of a Class A misdemeanor. (5) Immunity from liability. Any person or institution participating in good faith in the making of a report or record under this section is immune from any civil or criminal liability that results by reason of the action. For the purpose of any civil or criminal action or proceeding, any person reporting under this section is presumed to be acting in good faith. The immunity provided under this subsection does not apply to liability resulting from sexual contact by a therapist with a patient or client.

Wis. Stat. § 940.23 Reckless injury

(1) First-degree reckless injury. (a) Whoever recklessly causes great bodily harm to another human being under circumstances which show utter disregard for human life is guilty of a Class D felony. (b) Whoever recklessly causes great bodily harm to an unborn child under circumstances that show utter disregard for the life of that unborn child, the woman who is pregnant with that unborn child or another is guilty of a Class D felony. (2) Second-degree reckless injury. (a) Whoever recklessly causes great bodily harm to another human being is guilty of a Class F felony. (b) Whoever recklessly causes great bodily harm to an unborn child is guilty of a Class F felony.

Wis. Stat. § 940.24 Injury by negligent handling of dangerous weapon, explosives or fire

(1) Except as provided in sub. (3), whoever causes bodily harm to another by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class I felony. (2) Whoever causes bodily harm to an unborn child by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class I felony. (3) Subsection (1) does not apply to a health care provider acting within the scope of his or her practice or employment.

Wis. Stat. § 940.25 Injury by intoxicated use of a vehicle

(1) Any person who does any of the following is guilty of a Class F felony: (a) Causes great bodily harm to another human being by the operation of a vehicle while under the influence of an intoxicant. (am) Causes great bodily harm to another human being by the operation of a vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood. (b) Causes great bodily harm to another human being by the operation of a vehicle while the person has a prohibited alcohol concentration, as defined in s. 340.01 (46m). (bm) Causes great bodily harm to another human being by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.08. (c) Causes great bodily harm to an unborn child by the operation of a vehicle while under the influence of an intoxicant. (cm) Causes great bodily harm to an unborn child by the operation of a vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood. (d) Causes great bodily harm to an unborn child by the operation of a vehicle while the person has a prohibited alcohol concentration, as defined in s. 340.01 (46m). (e) Causes great bodily harm to an unborn child by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.08. (1d) A person who violates sub. (1) is subject to the requirements and procedures for installation of an ignition interlock device under s. 343.301. (1m) (a) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of any combination of sub. (1) (a), (am), or (b); any combination of sub. (1) (a), (am), or (bm); any combination of sub. (1) (c), (cm), or (d); or any combination of sub. (1) (c), (cm), or (e) for acts arising out of the same incident or occurrence. (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 23.335 (23) (c) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the others do not require. (2) (a) The defendant has a defense if he or she proves by a preponderance of the evidence that the great bodily harm would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant, did not have a detectable amount of a restricted controlled substance in his or her blood, or did not have an alcohol concentration described under sub. (1) (b), (bm), (d) or (e). (b) In any action under this section that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol. (3) An officer who makes an arrest for a violation of this section shall make a report as required under s. 23.33 (4t), 23.335 (12) (j), 30.686, 346.635 or 350.106.

Wis. Stat. § 940.29 Abuse of residents of penal facilities

Any person in charge of or employed in a penal or correctional institution or other place of confinement who abuses, neglects or ill-treats any person confined in or a resident of any such institution or place or who knowingly permits another person to do so is guilty of a Class I felony.

Wis. Stat. § 940.30 False imprisonment

Whoever intentionally confines or restrains another without the person’s consent and with knowledge that he or she has no lawful authority to do so is guilty of a Class H felony.

Wis. Stat. § 940.31 Kidnapping

(1) Whoever does any of the following is guilty of a Class C felony: (a) By force or threat of imminent force carries another from one place to another without his or her consent and with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will; or (b) By force or threat of imminent force seizes or confines another without his or her consent and with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will; or (c) By deceit induces another to go from one place to another with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will. (2) (a) Except as provided in par. (b), whoever violates sub. (1) with intent to cause another to transfer property in order to obtain the release of the victim is guilty of a Class B felony. (b) Whoever violates sub. (1) with intent to cause another to transfer property in order to obtain the release of the victim is guilty of a Class C felony if the victim is released without permanent physical injury prior to the time the first witness is sworn at the trial.

Wis. Stat. § 940.32 Stalking

(1) In this section: (a) “Course of conduct” means a series of 2 or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following: 1. Maintaining a visual or physical proximity to the victim. 2. Approaching or confronting the victim. 3. Appearing at the victim’s workplace or contacting the victim’s employer or coworkers. 4. Appearing at the victim’s home or contacting the victim’s neighbors. 5. Entering property owned, leased, or occupied by the victim. 6. Contacting the victim by telephone, text message, electronic message, electronic mail, or other means of electronic communication or causing the victim’s telephone or electronic device or any other person’s telephone or electronic device to ring or generate notifications repeatedly or continuously, regardless of whether a conversation ensues. 6m. Photographing, videotaping, audiotaping, or, through any other electronic means, monitoring or recording the activities of the victim. This subdivision applies regardless of where the act occurs. 7. Sending to the victim any physical or electronic material or contacting the victim by any means, including any message, comment, or other content posted on any Internet site or web application. 7m. Sending to a member of the victim’s family or household, or any current or former employer of the victim, or any current or former coworker of the victim, or any friend of the victim any physical or electronic material or contacting such person by any means, including any message, comment, or other content posted on any Internet site or web application for the purpose of obtaining information about, disseminating information about, or communicating with the victim. 8. Placing an object on or delivering an object to property owned, leased, or occupied by the victim. 9. Delivering an object to a member of the victim’s family or household or an employer, coworker, or friend of the victim or placing an object on, or delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be delivered to the victim. 10. Causing a person to engage in any of the acts described in subds. 1. to 9. (am) “Domestic abuse” has the meaning given in s. 813.12 (1) (am). (ap) “Domestic abuse offense” means an act of domestic abuse that constitutes a crime. (c) “Labor dispute” includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. (cb) “Member of a family” means a spouse, parent, child, sibling, or any other person who is related by blood or adoption to another. (cd) “Member of a household” means a person who regularly resides in the household of another or who within the previous 6 months regularly resided in the household of another. (cg) “Personally identifiable information” has the meaning given in s. 19.62 (5). (cr) “Record” has the meaning given in s. 19.32 (2). (d) “Suffer serious emotional distress” means to feel terrified, intimidated, threatened, harassed, or tormented. (2) Whoever meets all of the following criteria is guilty of a Class I felony: (a) The actor intentionally engages in a course of conduct directed at a specific person that would cause a reasonable person under the same circumstances to suffer serious emotional distress or to fear bodily injury to or the death of himself or herself or a member of his or her family or household. (b) The actor knows or should know that at least one of the acts that constitute the course of conduct will cause the specific person to suffer serious emotional distress or place the specific person in reasonable fear of bodily injury to or the death of himself or herself or a member of his or her family or household. (c) The actor’s acts cause the specific person to suffer serious emotional distress or induce fear in the specific person of bodily injury to or the death of himself or herself or a member of his or her family or household. (2e) Whoever meets all of the following criteria is guilty of a Class I felony: (a) After having been convicted of sexual assault under s. 940.225, 948.02, 948.025, or 948.085 or a domestic abuse offense, the actor engages in any of the acts listed in sub. (1) (a) 1. to 10., if the act is directed at the victim of the sexual assault or the domestic abuse offense. (b) The actor knows or should know that the act will cause the specific person to suffer serious emotional distress or place the specific person in reasonable fear of bodily injury to or the death of himself or herself or a member of his or her family or household. (c) The actor’s act causes the specific person to suffer serious emotional distress or induces fear in the specific person of bodily injury to or the death of himself or herself or a member of his or her family or household. (2m) Whoever violates sub. (2) is guilty of a Class H felony if any of the following applies: (a) The actor has a previous conviction for a violent crime, as defined in s. 939.632 (1) (e) 1., or a previous conviction under this section or s. 947.013 (1r), (1t), (1v), or (1x). (b) The actor has a previous conviction for a crime, the victim of that crime is the victim of the present violation of sub. (2), and the present violation occurs within 7 years after the prior conviction. (c) The actor intentionally gains access or causes another person to gain access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation. (d) The person violates s. 968.31 (1) or 968.34 (1) in order to facilitate the violation. (e) The victim is under the age of 18 years at the time of the violation. (3) Whoever violates sub. (2) is guilty of a Class F felony if any of the following applies: (a) The act results in bodily harm to the victim or a member of the victim’s family or household. (b) The actor has a previous conviction for a violent crime, as defined in s. 939.632 (1) (e) 1., or a previous conviction under this section or s. 947.013 (1r), (1t), (1v) or (1x), the victim of that crime is the victim of the present violation of sub. (2), and the present violation occurs within 7 years after the prior conviction. (c) The actor uses a dangerous weapon in carrying out any of the acts listed in sub. (1) (a) 1. to 9. (3m) A prosecutor need not show that a victim received or will receive treatment from a mental health professional in order to prove that the victim suffered serious emotional distress under sub. (2) (c) or (2e) (c). (4) (a) This section does not apply to conduct that is or acts that are protected by the person’s right to freedom of speech or to peaceably assemble with others under the state and U.S. constitutions, including, but not limited to, any of the following: 1. Giving publicity to and obtaining or communicating information regarding any subject, whether by advertising, speaking or patrolling any public street or any place where any person or persons may lawfully be. 2. Assembling peaceably. 3. Peaceful picketing or patrolling. (b) Paragraph (a) does not limit the activities that may be considered to serve a legitimate purpose under this section. (5) This section does not apply to conduct arising out of or in connection with a labor dispute. (6) The provisions of this statute are severable. If any provision of this statute is invalid or if any application thereof is invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application.

Wis. Stat. § 940.34 Duty to aid victim or report crime

(1) (a) Whoever violates sub. (2) (a) is guilty of a Class C misdemeanor. (b) Whoever violates sub. (2) (b) is guilty of a Class C misdemeanor and is subject to discipline under s. 440.26 (6). (c) Whoever violates sub. (2) (c) is guilty of a Class C misdemeanor. (2) (a) Any person who knows that a crime is being committed and that a victim is exposed to bodily harm shall summon law enforcement officers or other assistance or shall provide assistance to the victim. (b) Any person licensed as a private detective or granted a private security permit under s. 440.26 who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief. (c) 1. In this paragraph, “unlicensed private security person” means a private security person, as defined in s. 440.26 (1m), who is exempt from the permit and licensure requirements of s. 440.26. 2. Any unlicensed private security person who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief. (d) A person need not comply with this subsection if any of the following apply: 1. Compliance would place him or her in danger. 2. Compliance would interfere with duties the person owes to others. 3. In the circumstances described under par. (a), assistance is being summoned or provided by others. 4. In the circumstances described under par. (b) or (c), the crime or alleged crime has been reported to an appropriate law enforcement agency by others. (2m) If a person is subject to sub. (2) (b) or (c), the person need not comply with sub. (2) (b) or (c) until after he or she has summoned or provided assistance to a victim. (3) If a person renders emergency care for a victim, s. 895.48 (1) applies. Any person who provides other reasonable assistance under this section is immune from civil liability for his or her acts or omissions in providing the assistance. This immunity does not apply if the person receives or expects to receive compensation for providing the assistance.

Wis. Stat. § 940.41 Definitions

In ss. 940.42 to 940.49: (1g) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b). (1r) “Malice” or “maliciously” means an intent to vex, annoy or injure in any way another person or to thwart or interfere in any manner with the orderly administration of justice. (2) “Victim” means any natural person against whom any crime as defined in s. 939.12 or under the laws of the United States is being or has been perpetrated or attempted in this state. (3) “Witness” means any natural person who has been or is expected to be summoned to testify; who by reason of having relevant information is subject to call or likely to be called as a witness, whether or not any action or proceeding has as yet been commenced; whose declaration under oath is received as evidence for any purpose; who has provided information concerning any crime to any peace officer or prosecutor; who has provided information concerning a crime to any employee or agent of a law enforcement agency using a crime reporting telephone hotline or other telephone number provided by the law enforcement agency; or who has been served with a subpoena issued under s. 885.01 or under the authority of any court of this state or of the United States.

Wis. Stat. § 940.42 Intimidation of witnesses; misdemeanor

Except as provided in s. 940.43, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade any witness from attending or giving testimony at any trial, proceeding or inquiry authorized by law, is guilty of a Class A misdemeanor.

Wis. Stat. § 940.43 Intimidation of witnesses; felony

Whoever violates s. 940.42 under any of the following circumstances is guilty of a Class G felony: (1) Where the act is accompanied by force or violence or attempted force or violence upon the witness, or the spouse, child, stepchild, foster child, parent, sibling, or grandchild of the witness, or any person sharing a common domicile with the witness. (2) Where the act is accompanied by injury or damage to the real or personal property of any person covered under sub. (1). (3) Where the act is accompanied by any express or implied threat of force, violence, injury or damage described in sub. (1) or (2). (4) Where the act is in furtherance of any conspiracy. (5) Where the act is committed by any person who has suffered any prior conviction for any violation under s. 943.30, 1979 stats., ss. 940.42 to 940.45, or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45. (6) Where the act is committed by any person for monetary gain or for any other consideration acting on the request of any other person. All parties to the transactions are guilty under this section. (7) Where the act is committed by a person who is charged with a felony in connection with a trial, proceeding, or inquiry for that felony. (8) If the proceeding is a criminal trial, where the crime is an act of domestic abuse, as defined in s. 968.075 (1) (a), that constitutes the commission of a crime or a crime that, following a conviction, is subject to the surcharge in s. 973.055.

Wis. Stat. § 940.44 Intimidation of victims; misdemeanor

Except as provided in s. 940.45, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade, another person who has been the victim of any crime or who is acting on behalf of the victim from doing any of the following is guilty of a Class A misdemeanor: (1) Making any report of the victimization to any peace officer or state, local or federal law enforcement or prosecuting agency, or to any judge. (2) Causing a complaint, indictment, or information to be sought or prosecuted, or assisting in the prosecution thereof. (3) Arresting or causing or seeking the arrest of any person in connection with the victimization.

Wis. Stat. § 940.45 Intimidation of victims; felony

Whoever violates s. 940.44 under any of the following circumstances is guilty of a Class G felony: (1) Where the act is accompanied by force or violence or attempted force or violence upon the victim, or the spouse, child, stepchild, foster child, parent, sibling, or grandchild of the victim, or any person sharing a common domicile with the victim. (2) Where the act is accompanied by injury or damage to the real or personal property of any person covered under sub. (1). (3) Where the act is accompanied by any express or implied threat of force, violence, injury or damage described in sub. (1) or (2). (4) Where the act is in furtherance of any conspiracy. (5) Where the act is committed by any person who has suffered any prior conviction for any violation under s. 943.30, 1979 stats., ss. 940.42 to 940.45, or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45. (6) Where the act is committed by any person for monetary gain or for any other consideration acting on the request of any other person. All parties to the transactions are guilty under this section. (7) Where the underlying crime is an act of domestic abuse, as defined in s. 968.075 (1) (a), that constitutes the commission of a crime or a crime that, following a conviction, is subject to the surcharge in s. 973.055.

Wis. Stat. § 940.46 Attempt prosecuted as completed act

Whoever attempts the commission of any act prohibited under ss. 940.42 to 940.45 is guilty of the offense attempted without regard to the success or failure of the attempt. The fact that no person was injured physically or in fact intimidated is not a defense against any prosecution under ss. 940.42 to 940.45.

Wis. Stat. § 940.47 Court orders

Any court with jurisdiction over any criminal matter, upon substantial evidence, which may include hearsay or the declaration of the prosecutor, that knowing and malicious prevention or dissuasion of any person who is a victim or who is a witness has occurred or is reasonably likely to occur, may issue orders including but not limited to any of the following: (1) An order that a defendant not violate ss. 940.42 to 940.45. (2) An order that a person before the court other than a defendant, including, but not limited to, a subpoenaed witness or other person entering the courtroom of the court, not violate ss. 940.42 to 940.45. (3) An order that any person described in sub. (1) or (2) maintain a prescribed geographic distance from any specified witness or victim. (4) An order that any person described in sub. (1) or (2) have no communication with any specified witness or any victim, except through an attorney under such reasonable restrictions as the court may impose.

Wis. Stat. § 940.48 Violation of court orders

Whoever violates an order issued under s. 940.47 may be punished as follows: (1) If applicable, the person may be prosecuted under ss. 940.42 to 940.45. (2) As a contempt of court under ch. 785. A finding of contempt is not a bar to prosecution under ss. 940.42 to 940.45, but: (a) Any person who commits a contempt of court is entitled to credit for any punishment imposed therefor against any sentence imposed on conviction under ss. 940.42 to 940.45; and (b) Any conviction or acquittal for any substantive offense under ss. 940.42 to 940.45 is a bar to subsequent punishment for contempt arising out of the same act. (3) By the revocation of any form of pretrial release or forfeiture of bail and the issuance of a bench warrant for the defendant’s arrest or remanding the defendant to custody. After hearing and on substantial evidence, the revocation may be made whether the violation of order complained of has been committed by the defendant personally or was caused or encouraged to have been committed by the defendant.

Wis. Stat. § 940.49 Pretrial release

Any pretrial release of any defendant whether on bail or under any other form of recognizance shall be deemed to include a condition that the defendant neither do, nor cause to be done, nor permit to be done on his or her behalf, any act proscribed by ss. 940.42 to 940.45 and any willful violation of the condition is subject to punishment as prescribed in s. 940.48 (3) whether or not the defendant was the subject of an order under s. 940.47.

Wis. Stat. § 940.51 Definitions

In this subchapter: (1g) “Adult at risk” has the meaning given in s. 55.01 (1e). (1r) “Advocate” means an individual who is representing the interests of a child, the tribe, or another party in a tribal court proceeding. (2) “Aftercare agent” means any person authorized by the department of corrections to exercise control over a juvenile on aftercare or authorized by a federally recognized American Indian tribe or band to exercise control over a juvenile on aftercare or a comparable program that is authorized by the tribe or band. (3) “Attorney” means a legal professional practicing law, as defined in SCR 23.01. (4) “Community supervision agent” means any person authorized by the department of corrections to exercise control over a juvenile on community supervision or authorized by a federally recognized American Indian tribe or band to exercise control over a juvenile on community supervision or a comparable program that is authorized by the tribe or band. (5) “County clerk” has the meaning given in s. 5.02 (2). (6) “Elder person” means any individual who is 60 years of age or older. (7) “Election official” has the meaning given in s. 5.02 (4e). (8) “Election registration official” has the meaning given in s. 5.02 (4g). (9) “Exercise control” includes exercising control either directly or through a subordinate and includes transporting the individual. (10) “Family member” means a spouse, child, stepchild, foster child, parent, legal guardian, sibling, grandparent, or grandchild. (11) “Firefighter” has the meaning given in s. 102.475 (8) (b). (12) “Health care facility” means any of the following: (a) A hospital, as defined in s. 50.33 (2). (b) A clinic, which is a location with the primary purpose of providing outpatient diagnosis, treatment, or management of health conditions. (c) A pharmacy that is licensed under s. 450.06. (d) An adult day care center, as defined in s. 49.45 (47) (a). (e) An adult family home, as defined in s. 50.01 (1). (f) A community-based residential facility, as defined in s. 50.01 (1g). (g) A residential care apartment complex, as defined in s. 50.01 (6d). (h) A nursing home, as defined in s. 50.01 (3). (i) A mental health or substance use disorder facility, which is a location that provides diagnosis, treatment, or management of mental health or substance use disorders. (j) An ambulatory surgical center, as defined in 42 CFR 416.2. (13) “Health care provider” means any of the following: (a) A health care provider, as defined in s. 146.81 (1) (a) to (hp), (q), (r), or (s). (b) A radiographer or limited X-ray machine operator licensed or permitted under ch. 462. (c) A driver of an ambulance, as defined in s. 256.01 (1t). (14) “Judge” means a person who currently is or who formerly was a supreme court justice, court of appeals judge, circuit court judge, municipal judge, tribal judge, temporary or permanent reserve judge, or circuit, supplemental, or municipal court commissioner. (15) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c) and includes a person who formerly was a law enforcement officer under that definition. (16) “Municipal clerk” has the meaning given in s. 5.02 (10). (17) “Probation, extended supervision, or parole agent” means any person authorized by the department of corrections to exercise control over a probationer, parolee, or person on extended supervision or authorized by a federally recognized American Indian tribe or band to exercise control over a probationer, parolee, or person on extended supervision or a comparable program that is authorized by the tribe or band. (18) “Prosecutor” means a person who currently is or formerly was any of the following: (a) A district attorney, a deputy district attorney, an assistant district attorney, or a special prosecutor appointed under s. 978.045 or 978.05 (8) (b). (b) The attorney general, a deputy attorney general, or an assistant attorney general. (c) A tribal prosecutor. (19) “Public transit vehicle” means any vehicle used for providing transportation service to the general public. (20) “School district” has the meaning given in s. 115.01 (3). (21) “Soft tissue injury” has the meaning given in s. 946.41 (2) (c). (22) “Technical college district” means a district established under ch. 38. (23) “Witness” has the meaning given in s. 940.41 (3).

Wis. Stat. § 940.60 Battery; substantial battery; aggravated battery

Except as provided in s. 940.61, 940.62, 940.65, or 940.66: (1) Battery. Whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class A misdemeanor. (2) Substantial battery. Whoever causes substantial bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class I felony. (3) Aggravated battery. (a) Whoever causes great bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class H felony. (b) Whoever causes great bodily harm to another by an act done with intent to cause great bodily harm to that person or another is guilty of a Class E felony. (c) Whoever intentionally causes bodily harm to another by conduct that creates a substantial risk of great bodily harm is guilty of a Class H felony. A rebuttable presumption of conduct creating a substantial risk of great bodily harm arises if the person harmed has a physical disability, whether congenital or acquired by accident, injury or disease, that is discernible by an ordinary person viewing the physically disabled person, or that is actually known by the actor.

Wis. Stat. § 940.61 Battery; bodily harm caused by certain persons

(1) Battery by persons subject to certain injunctions. A person who causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class I felony if the person who causes the bodily harm is subject to an injunction under s. 813.12 or 813.125 or a tribal injunction filed under s. 813.128 (3g) and causes the bodily harm to the petitioner who sought the injunction. (2) Battery by prisoners or certain detained or committed persons. A person who causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class H felony if any of the following applies: (a) Battery by prisoners. The person who causes the bodily harm is a prisoner confined to a state prison, a jail, or any other state, county, or municipal detention facility and intentionally causes the bodily harm or a soft tissue injury to an officer, employee, visitor, or another inmate of such prison or institution. (b) Battery by certain detained or committed persons. The person who causes the bodily harm is placed in a facility under s. 980.04 or 980.065 and intentionally causes the bodily harm to an officer, employee, agent, visitor, or other resident of the facility.

Wis. Stat. § 940.62 Battery; bodily harm caused to certain persons

(1) Class I felony battery to certain persons. A person who causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class I felony if any of the following applies: (a) Battery to public officers. The person causes the bodily harm to a public officer in order to influence the action of such officer or as a result of any action taken within an official capacity. (b) Battery to certain employees of counties, cities, villages, or towns. The person causes the bodily harm to an employee of a county, city, village, or town under all of the following circumstances: 1. At the time of the act, the person knows or should know that the victim is an employee of a county, city, village, or town. 2. The victim is enforcing, or conducting an inspection for the purpose of enforcing, a state, county, city, village, or town zoning ordinance, building code, or other construction law, rule, standard, or plan at the time of the act or the act is in response to any such enforcement or inspection activity. 3. The enforcement or inspection complies with any law, ordinance, or rule, including any applicable notice requirement. (c) Battery to election officials, election registration officials, or clerks. The person causes the bodily harm to an election official, election registration official, county clerk, or municipal clerk who is acting in his or her official capacity if the person knows or has reason to know that the victim is an election official, election registration official, county clerk, or municipal clerk. (d) Battery to technical college district or school district officers and employees. The person causes the bodily harm to a technical college district or school district officer or employee acting in that capacity if the person knows or has reason to know that the victim is a technical college district or school district officer or employee. (e) Battery to public transit vehicle operator, driver or passenger. The person causes the bodily harm to another under any of the following circumstances: 1. The bodily harm occurs while the victim is an operator, a driver, or a passenger of, in or on, a public transit vehicle. 2. The bodily harm occurs after the offender forces or directs the victim to leave a public transit vehicle. 3. The bodily harm occurs as the offender prevents, or attempts to prevent, the victim from gaining lawful access to a public transit vehicle. (2) Class H felony battery to certain persons. A person who causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class H felony if any of the following applies: (a) Battery to certain individuals involved with a court or legal system. The person causes the bodily harm to the person or family member of any current or former judge, prosecutor, law enforcement officer, guardian ad litem, corporation counsel, advocate, attorney, witness, or grand or petit juror, or a person sharing a common domicile with a witness, under all of the following circumstances: 1. At the time of the act, the person knows or has reason to know that the victim is a judge, prosecutor, law enforcement officer, guardian ad litem, corporation counsel, advocate, attorney, witness, or grand or petit juror or a member of their family, or a person sharing a common domicile with a witness. 2. The act is in response to any action taken in an official capacity or in a legal proceeding. (b) Battery to probation, extended supervision, or parole agents, community supervision agents, and aftercare agents or their family members. The person causes the bodily harm to the person or family member of a probation, extended supervision, or parole agent, a community supervision agent, or an aftercare agent under all of the following circumstances: 1. At the time of the act, the person knows or has reason to know that the victim is a probation, extended supervision, or parole agent, a community supervision agent, or an aftercare agent, or a member of the agent’s family. 2. The act is in response to any action taken by the agent acting in an official capacity. (c) Battery to department of revenue, department of safety and professional services, or department of workforce development employees or their family members. The person causes the bodily harm to the person or family member of any department of revenue, department of safety and professional services, or department of workforce development official, employee, or agent under all of the following circumstances: 1. At the time of the act, the person knows or should have known that the victim is a department official, employee, or agent or a member of his or her family. 2. The official, employee, or agent is acting in an official capacity at the time of the act, or the act is in response to any action taken in an official capacity. (d) Battery to firefighters and commission wardens. The person causes the bodily harm to a firefighter or to a commission warden, acting in an official capacity, who the person knows or has reason to know is a firefighter or commission warden. (e) Battery to health care providers and staff or their family member. The person causes the bodily harm to a health care provider, to a person who works in a health care facility, or to a family member of a health care provider or a person who works in a health care facility under all of the following circumstances: 1. At the time of the act, the person knows or should have known that the victim is a health care provider or works or formerly worked in a health care facility or is a family member of the health care provider or person who works or formerly worked in a health care facility. 2. The act is in response to an action by the health care provider acting in his or her capacity as a health care provider, to an action occurring at the health care facility, or to an action by an official, employee, or agent of the health care facility acting in his or her official capacity.

Wis. Stat. § 940.65 Battery to an unborn child; substantial battery to an unborn child; aggravated battery to an unborn child

(1) Battery to an unborn child. Whoever causes bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class A misdemeanor. (2) Substantial battery to an unborn child. Whoever causes substantial bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class I felony. (3) Aggravated battery to an unborn child. (a) Whoever causes great bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class H felony. (b) Whoever causes great bodily harm to an unborn child by an act done with intent to cause great bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class E felony. (c) Whoever intentionally causes bodily harm to an unborn child by conduct that creates a substantial risk of great bodily harm is guilty of a Class H felony.

Wis. Stat. § 940.66 Battery to an elder person or an adult at risk

(1) Recklessness. Notwithstanding s. 939.24, in this section, “recklessly” means conduct that creates a situation of unreasonable risk of harm to and demonstrates a conscious disregard for the safety of the person. (2) Intentional causation of bodily harm. (a) Whoever intentionally causes great bodily harm to an elder person or an adult at risk is guilty of a Class C felony. (b) Whoever intentionally causes bodily harm to an elder person or an adult at risk is guilty of a Class H felony. (c) Whoever intentionally causes bodily harm to an elder person or an adult at risk under circumstances or conditions that are likely to produce great bodily harm is guilty of a Class F felony. (3) Reckless causation of bodily harm. (a) Whoever recklessly causes great bodily harm to an elder person or an adult at risk is guilty of a Class E felony. (b) Whoever recklessly causes bodily harm to an elder person or an adult at risk is guilty of a Class I felony. (c) Whoever recklessly causes bodily harm to an elder person or an adult at risk under circumstances or conditions that are likely to produce great bodily harm is guilty of a Class H felony. (4) Knowledge. (a) This section applies to a crime involving an elder person victim irrespective of whether the defendant had actual knowledge of the victim’s age. A mistake regarding the victim’s age is not a defense to a prosecution under this section. (b) This section applies to a crime involving an adult-at-risk victim only if the defendant had actual knowledge that the victim is an adult at risk.

Wis. Stat. § 940.225 Sexual assault

(1) First degree sexual assault. Whoever does any of the following is guilty of a Class B felony: (a) Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person. (b) Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon. (c) Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence. (d) Commits a violation under sub. (2) against an individual who is 60 years of age or older. This paragraph applies irrespective of whether the defendant had actual knowledge of the victim’s age. A mistake regarding the victim’s age is not a defense to a prosecution under this paragraph. (e) Commits a violation under sub. (2) against an adult at risk, as defined in s. 55.01 (1e). This paragraph applies only if the defendant had actual knowledge that the victim is an adult at risk. (2) Second degree sexual assault. Whoever does any of the following is guilty of a Class C felony: (a) Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence. (b) Has sexual contact or sexual intercourse with another person without consent of that person and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim. (c) Has sexual contact or sexual intercourse with a person who suffers from a mental illness or deficiency which renders that person temporarily or permanently incapable of appraising the person’s conduct, and the defendant knows of such condition. (cm) Has sexual contact or sexual intercourse with a person who is under the influence of an intoxicant to a degree which renders that person incapable of giving consent if the defendant has actual knowledge that the person is incapable of giving consent and the defendant has the purpose to have sexual contact or sexual intercourse with the person while the person is incapable of giving consent. (d) Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious. (f) Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without the consent of that person. (g) Is an employee of a facility or program under s. 940.295 (2) (b), (c), (h) or (k) and has sexual contact or sexual intercourse with a person who is a patient or resident of the facility or program. (h) Has sexual contact or sexual intercourse with an individual who is confined in a correctional institution if the actor is a correctional staff member. This paragraph does not apply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section. (i) Has sexual contact or sexual intercourse with an individual who is on probation, parole, or extended supervision if the actor is a probation, parole, or extended supervision agent who supervises the individual, either directly or through a subordinate, in his or her capacity as a probation, parole, or extended supervision agent or who has influenced or has attempted to influence another probation, parole, or extended supervision agent’s supervision of the individual. This paragraph does not apply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section. (j) Is a licensee, employee, or nonclient resident of an entity, as defined in s. 48.685 (1) (b) or 50.065 (1) (c), and has sexual contact or sexual intercourse with a client of the entity. (k) Is a law enforcement officer and has sexual contact or sexual intercourse with any person who is detained by any law enforcement officer, as provided under s. 968.24, or is in the custody of any law enforcement officer. This paragraph applies whether the custody is lawful or unlawful and whether the detainment or custody is actual or constructive. Consent is not an issue in an action under this paragraph. (3) Third degree sexual assault. (a) Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class G felony. (b) Whoever has sexual contact in the manner described in sub. (5) (b) 2. or 3. with a person without the consent of that person is guilty of a Class G felony. (3m) Fourth degree sexual assault. Except as provided in sub. (3), whoever has sexual contact with a person without the consent of that person is guilty of a Class A misdemeanor. (4) Consent. “Consent”, as used in this section, means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. Consent is not an issue in alleged violations of sub. (2) (c), (cm), (d), (g), (h), and (i). The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s. 972.11 (2): (b) A person suffering from a mental illness or defect which impairs capacity to appraise personal conduct. (c) A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act. (5) Definitions. In this section: (abm) “Client” means an individual who receives direct care or treatment services from an entity. (acm) “Correctional institution” means a jail or correctional facility, as defined in s. 961.01 (12m), a juvenile correctional facility, as defined in s. 938.02 (10p), or a juvenile detention facility, as defined in s. 938.02 (10r). (ad) “Correctional staff member” means an individual who works at a correctional institution, including a volunteer. (ag) “Inpatient facility” has the meaning designated in s. 51.01 (10). (ai) “Intoxicant” means any alcohol beverage, hazardous inhalant, controlled substance, controlled substance analog, or other drug, or any combination thereof. (aj) “Law enforcement officer” has the meaning designated in s. 165.85 (2) (c). (ak) “Nonclient resident” means an individual who resides, or is expected to reside, at an entity, who is not a client of the entity, and who has, or is expected to have, regular, direct contact with the clients of the entity. (am) “Patient” means any person who does any of the following: 1. Receives care or treatment from a facility or program under s. 940.295 (2) (b), (c), (h) or (k), from an employee of a facility or program or from a person providing services under contract with a facility or program. 2. Arrives at a facility or program under s. 940.295 (2) (b), (c), (h) or (k) for the purpose of receiving care or treatment from a facility or program under s. 940.295 (2) (b), (c), (h) or (k), from an employee of a facility or program under s. 940.295 (2) (b), (c), (h) or (k), or from a person providing services under contract with a facility or program under s. 940.295 (2) (b), (c), (h) or (k). (ar) “Resident” means any person who resides in a facility under s. 940.295 (2) (b), (c), (h) or (k). (b) “Sexual contact” means any of the following: 1. Any of the following types of intentional touching, whether direct or through clothing, if that intentional touching is either for the purpose of sexually degrading; or for the purpose of sexually humiliating the complainant or sexually arousing or gratifying the defendant or if the touching contains the elements of actual or attempted battery under s. 940.60 (1) or s. 940.19 (1), 2023 stats.: a. Intentional touching by the defendant or, upon the defendant’s instruction, by another person, by the use of any body part or object, of the complainant’s intimate parts. b. Intentional touching by the complainant, by the use of any body part or object, of the defendant’s intimate parts or, if done upon the defendant’s instructions, the intimate parts of another person. c. Touching by the complainant of the ejaculate, urine, or feces of any person upon the intentional instructions of the defendant, upon the use or threat of force or violence by the defendant, or upon an intentional act of the defendant. 2. Intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant or, upon the defendant’s instruction, by another person upon any part of the body clothed or unclothed of the complainant if that ejaculation or emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant. 3. For the purpose of sexually degrading or humiliating the complainant or sexually arousing or gratifying the defendant, intentionally causing the complainant to ejaculate or emit urine or feces on any part of the defendant’s body, whether clothed or unclothed. (c) “Sexual intercourse” includes the meaning assigned under s. 939.22 (36) as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal opening either by the defendant or upon the defendant’s instruction. The emission of semen is not required. (d) “State treatment facility” has the meaning designated in s. 51.01 (15). (6) Marriage not a bar to prosecution. A defendant shall not be presumed to be incapable of violating this section because of marriage to the complainant. (7) Death of victim. This section applies whether a victim is dead or alive at the time of the sexual contact or sexual intercourse.

Wis. Stat. § 940.235 Strangulation and suffocation

(1) Whoever intentionally impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person is guilty of a Class H felony. (2) Whoever violates sub. (1) is guilty of a Class G felony if the actor has a previous conviction under this section or a previous conviction for a violent crime, as defined in s. 939.632 (1) (e) 1.

Wis. Stat. § 940.285 Abuse of individuals at risk

(1) Definitions. In this section: (ag) “Abuse” means any of the following: 1. Physical abuse, as defined in s. 46.90 (1) (fg). 2. Emotional abuse, as defined in s. 46.90 (1) (cm). 3. Sexual abuse, as defined in s. 46.90 (1) (gd). 4. Treatment without consent, as defined in s. 46.90 (1) (h). 5. Unreasonable confinement or restraint, as defined in s. 46.90 (1) (i). 6. Deprivation of a basic need for food, shelter, clothing, or personal or health care, including deprivation resulting from the failure to provide or arrange for a basic need by a person who has assumed responsibility for meeting the need voluntarily or by contract, agreement, or court order. (am) “Adult at risk” has the meaning given in s. 55.01 (1e). (dc) “Elder adult at risk” has the meaning given in s. 46.90 (1) (br). (dg) “Individual at risk” means an elder adult at risk or an adult at risk. (dm) “Recklessly” means conduct that creates a situation of unreasonable risk of harm and demonstrates a conscious disregard for the safety of the vulnerable adult. (1m) Exception. Nothing in this section may be construed to mean that an individual at risk is abused solely because he or she consistently relies upon treatment by spiritual means through prayer for healing, in lieu of medical care, in accordance with his or her religious tradition. (2) Abuse; penalties. (a) Any person, other than a person in charge of or employed in a facility under s. 940.29 or in a facility or program under s. 940.295 (2), who does any of the following may be penalized under par. (b): 1. Intentionally subjects an individual at risk to abuse. 2. Recklessly subjects an individual at risk to abuse. 3. Negligently subjects an individual at risk to abuse. (b) 1g. Any person violating par. (a) 1. or 2. under circumstances that cause death is guilty of a Class C felony. Any person violating par. (a) 3. under circumstances that cause death is guilty of a Class D felony. 1m. Any person violating par. (a) under circumstances that cause great bodily harm is guilty of a Class F felony. 1r. Any person violating par. (a) 1. under circumstances that are likely to cause great bodily harm is guilty of a Class G felony. Any person violating par. (a) 2. or 3. under circumstances that are likely to cause great bodily harm is guilty of a Class I felony. 2. Any person violating par. (a) 1. under circumstances that cause bodily harm is guilty of a Class H felony. Any person violating par. (a) 1. under circumstances that are likely to cause bodily harm is guilty of a Class I felony. 4. Any person violating par. (a) 2. or 3. under circumstances that cause or are likely to cause bodily harm is guilty of a Class A misdemeanor. 5. Any person violating par. (a) 1., 2. or 3. under circumstances not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor.

Wis. Stat. § 940.291 Law enforcement officer; failure to render aid

(1) Any peace officer, while acting in the course of employment or under the authority of employment, who intentionally fails to render or make arrangements for any necessary first aid for any person in his or her actual custody is guilty of a Class A misdemeanor if bodily harm results from the failure. This subsection applies whether the custody is lawful or unlawful and whether the custody is actual or constructive. A violation for intentionally failing to render first aid under this subsection applies only to first aid which the officer has the knowledge and ability to render. (2) Any peace officer who knowingly permits another person to violate sub. (1), while acting in the course of employment or under the authority of employment, is guilty of a Class A misdemeanor.

Wis. Stat. § 940.295 Abuse and neglect of patients and residents

(1) Definitions. In this section: (ad) “Abuse” has the meaning given in s. 46.90 (1) (a). (ag) “Adult at risk” has the meaning given in s. 55.01 (1e). (am) “Adult family home” has the meaning given in s. 50.01 (1). (b) “Bodily harm” has the meaning given in s. 46.90 (1) (aj). (c) “Community-based residential facility” has the meaning given in s. 50.01 (1g). (cr) “Elder adult at risk” has the meaning given in s. 46.90 (1) (br). (d) “Foster home” has the meaning given in s. 48.02 (6). (e) “Great bodily harm” has the meaning given in s. 939.22 (14). (f) “Group home” has the meaning given in s. 48.02 (7). (g) “Home health agency” has the meaning given in s. 50.49 (1) (a). (h) “Hospice” has the meaning given in s. 50.90 (1). (hr) “Individual at risk” means an elder adult at risk or an adult at risk. (i) “Inpatient health care facility” has the meaning given in s. 50.135 (1). (k) “Neglect” has the meaning given in s. 46.90 (1) (f). (km) “Negligence” means an act, omission, or course of conduct that the actor should realize creates a substantial and unreasonable risk of death, great bodily harm, or bodily harm to another person. (L) “Patient” means any person who does any of the following: 1. Receives care or treatment from a facility or program under sub. (2), from an employee of a facility or program or from a person providing services under contract with a facility or program. 2. Arrives at a facility or program under sub. (2) for the purpose of receiving care or treatment from a facility or program under sub. (2), from an employee of a facility or program under sub. (2), or from a person providing services under contract with a facility or program under sub. (2). (o) “Recklessly” means conduct that creates a situation of unreasonable risk of death or harm to and demonstrates a conscious disregard for the safety of the patient or resident. (p) “Resident” means any person who resides in a facility under sub. (2). (r) “State treatment facility” has the meaning given in s. 51.01 (15). (s) “Treatment facility” has the meaning given in s. 51.01 (19). (2) Applicability. This section applies to any of the following types of facilities or programs: (a) An adult day care center. (b) An adult family home. (c) A community-based residential facility. (d) A foster home. (e) A group home. (f) A home health agency. (g) A hospice. (h) An inpatient health care facility. (i) A program under s. 51.42 (2). (j) The Wisconsin Educational Services Program for the Deaf and Hard of Hearing under s. 115.52 and the Wisconsin Center for the Blind and Visually Impaired under s. 115.525. (k) A state treatment facility. (L) A treatment facility. (m) A residential care center for children and youth operated by a child welfare agency licensed under s. 48.60 or an institution operated by a public agency for the care of neglected, dependent, or delinquent children. (n) Any other health facility or care-related facility or home, whether publicly or privately owned. (3) Abuse and neglect; penalties. (a) Any person in charge of or employed in any facility or program under sub. (2) who does any of the following, or who knowingly permits another person to do so, may be penalized under par. (b): 1. Intentionally abuses or intentionally neglects a patient or resident. 2. Recklessly abuses or recklessly neglects a patient or resident. 3. Except as provided in par. (am), abuses, with negligence, or neglects a patient or a resident. (am) Paragraph (a) 3. does not apply to a health care provider acting in the scope of his or her practice or employment who commits an act or omission of mere inefficiency, unsatisfactory conduct, or failure in good performance as the result of inability, incapacity, inadvertency, ordinary negligence, or good faith error in judgment or discretion. (b) 1g. Any person violating par. (a) 1. or 2. under circumstances that cause death to an individual at risk is guilty of a Class C felony. Any person violating par. (a) 3. under circumstances that cause death to an individual at risk is guilty of a Class D felony. 1m. Any person violating par. (a) under circumstances that cause great bodily harm to an individual at risk is guilty of a Class E felony. 1r. Except as provided in subd. 1m., any person violating par. (a) 1. under circumstances that cause great bodily harm is guilty of a Class F felony. Any person violating par. (a) 1. under circumstances that are likely to cause great bodily harm is guilty of a Class G felony. 2. Any person violating par. (a) 1. under circumstances that cause bodily harm is guilty of a Class H felony. Any person violating par. (a) 1. under circumstances that are likely to cause bodily harm is guilty of a Class I felony. 3. Except as provided in subd. 1m., any person violating par. (a) 2. or 3. under circumstances that cause great bodily harm is guilty of a Class H felony. Any person violating par. (a) 2. or 3. under circumstances that are likely to cause great bodily harm is guilty of a Class I felony. 4. Any person violating par. (a) 2. or 3. under circumstances that cause or are likely to cause bodily harm is guilty of a Class A misdemeanor. 5. Any person violating par. (a) 1., 2. or 3. under circumstances not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor.

Wis. Stat. § 940.302 Human trafficking

(1) In this section: (a) “Commercial sex act” means any of the following for which anything of value is given to, promised, or received, directly or indirectly, by any person: 1. Sexual contact. 2. Sexual intercourse. 3. Except as provided in sub. (2) (c), any of the following: a. Sexually explicit performance. b. Any other conduct done for the purpose of sexual humiliation, degradation, arousal, or gratification. (b) “Debt bondage” means the condition of a debtor arising from the debtor’s pledge of services as a security for debt if the reasonable value of those services is not applied toward repaying the debt or if the length and nature of the services are not defined. (c) “Services” means activities performed by one individual at the request, under the supervision, or for the benefit of another person. (d) “Trafficking” means recruiting, enticing, harboring, transporting, providing, or obtaining, or attempting to recruit, entice, harbor, transport, provide, or obtain, an individual. (2) (a) Except as provided in s. 948.051, whoever knowingly engages in trafficking is guilty of a Class C felony if all of the following apply: 1. One of the following applies: a. The trafficking is for the purposes of labor or services. b. The trafficking is for the purposes of a commercial sex act. 2. The trafficking is done by any of the following: a. Causing or threatening to cause bodily harm to any individual. b. Causing or threatening to cause financial harm to any individual. c. Restraining or threatening to restrain any individual. d. Violating or threatening to violate a law. e. Destroying, concealing, removing, confiscating, or possessing, or threatening to destroy, conceal, remove, confiscate, or possess, any actual or purported passport or any other actual or purported official identification document of any individual. f. Extortion. g. Fraud or deception. h. Debt bondage. i. Controlling or threatening to control any individual’s access to an addictive controlled substance. j. Using any scheme, pattern, or other means to directly or indirectly coerce, threaten, or intimidate any individual. k. Using or threatening to use force or violence on any individual. L. Causing or threatening to cause any individual to do any act against the individual’s will or without the individual’s consent. (b) Whoever benefits in any manner from a violation of par. (a) is guilty of a Class C felony if the person knows or reasonably should have known that the benefits come from or are derived from an act or scheme described in par. (a). (c) Whoever knowingly receives compensation from the earnings of debt bondage, a prostitute, or a commercial sex act, as described in sub. (1) (a) 1. and 2., is guilty of a Class E felony. (3) Any person who incurs an injury or death as a result of a violation of sub. (2) may bring a civil action against the person who committed the violation. In addition to actual damages, the court may award punitive damages to the injured party, not to exceed treble the amount of actual damages incurred, and reasonable attorney fees.

Wis. Stat. § 940.305 Taking hostages

(1) Except as provided in sub. (2), whoever by force or threat of imminent force seizes, confines or restrains a person without the person’s consent and with the intent to use the person as a hostage in order to influence a person to perform or not to perform some action demanded by the actor is guilty of a Class B felony. (2) Whoever commits a violation specified under sub. (1) is guilty of a Class C felony if, before the time of the actor’s arrest, each person who is held as a hostage is released without bodily harm.

Wis. Stat. § 940.315 Global positioning devices

(1) Whoever does any of the following is guilty of a Class A misdemeanor: (a) Places a global positioning device or a device equipped with global positioning technology on a vehicle owned or leased by another person without that person’s consent. (b) Intentionally obtains information regarding another person’s movement or location generated by a global positioning device or a device equipped with global positioning technology that has been placed without that person’s consent. (2) This section does not apply to a motor vehicle manufacturer or a person, acting within the scope of his or her employment, who installs an in-vehicle communication or telematics system, to a device installed by or with the permission of the vehicle owner for automobile insurance rating, underwriting, or claims handling purposes, to a law enforcement officer acting in his or her official capacity, to a parent or guardian acting to track the movement or location of his or her minor child or his or her ward, to a lienholder or agent of a lienholder acting to track the movement or location of a motor vehicle in order to repossess the motor vehicle, or to an employer or business owner acting to track the movement or location of a motor vehicle owned, leased, or assigned for use by the employer or business owner.

Source: WI Statutes (Official Site)URL: https://docs.legis.wisconsin.gov/statutes/statutes/940Fetched: 10/7/2026