Feed for /1995/statutes/statutes/940 PDF
940.285(1)(c) (c) "Mental illness" has the meaning specified in s. 55.01 (4m).
940.285(1)(d) (d) "Other like incapacities" has the meaning specified in s. 55.01 (5).
940.285(1)(dm) (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.
940.285(1)(e) (e) "Vulnerable adult" means any person 18 years of age or older who either is a developmentally disabled person or has infirmities of aging, mental illness or other like incapacities and who is:
940.285(1)(e)1. 1. Substantially mentally incapable of providing for his or her needs for food, shelter, clothing or personal or health care; or
940.285(1)(e)2. 2. Unable to report cruel maltreatment without assistance.
940.285(2) (2)Maltreatment; penalties.
940.285(2)(a)(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):
940.285(2)(a)1. 1. Intentionally subjects a vulnerable adult to maltreatment.
940.285(2)(a)2. 2. Recklessly subjects a vulnerable adult to maltreatment.
940.285(2)(b)1.1. Any person violating par. (a) 1. under circumstances that cause or are likely to cause great bodily harm is guilty of a Class D felony.
940.285(2)(b)2. 2. Any person violating par. (a) 1. under circumstances that cause or are likely to cause bodily harm is guilty of a Class E felony.
940.285(2)(b)3. 3. Any person violating par. (a) 2. under circumstances that cause or are likely to cause great bodily harm is guilty of a Class E felony.
940.285(2)(b)4. 4. Any person violating par. (a) 2. under circumstances that cause or are likely to cause bodily harm is guilty of a Class A misdemeanor.
940.285(2)(b)5. 5. Any person violating par. (a) 1. or 2. under circumstances not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor.
940.285 History History: 1985 a. 306; 1993 a. 445.
940.29 940.29 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 E felony.
940.291 940.291 Law enforcement officer; failure to render aid.
940.291(1)(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.
940.291(2) (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.
940.291 History History: 1983 a. 27.
940.295 940.295 Abuse and neglect of patients and residents.
940.295(1)(1)Definitions. In this section:
940.295(1)(a) (a) "Adult family home" has the meaning given in s. 50.01 (1).
940.295(1)(b) (b) "Bodily harm" has the meaning given in s. 939.22 (4).
940.295(1)(c) (c) "Community-based residential facility" has the meaning given in s. 50.01 (1g).
940.295(1)(d) (d) "Foster home" has the meaning given in s. 48.02 (6).
940.295(1)(e) (e) "Great bodily harm" has the meaning given in s. 939.22 (14).
940.295(1)(f) (f) "Group home" has the meaning given in s. 48.02 (7).
940.295(1)(g) (g) "Home health agency" has the meaning given in s. 50.49 (1) (a).
940.295(1)(h) (h) "Hospice" has the meaning given in s. 50.90 (1).
940.295(1)(i) (i) "Inpatient health care facility" has the meaning given in s. 50.135 (1).
940.295(1)(j) (j) "Intentional abuse" means any of the following, if done intentionally:
940.295(1)(j)1. 1. An act, omission or course of conduct by another that is not reasonably necessary for treatment or maintenance of order and discipline in a program or facility under sub. (2) and that does at least one of the following:
940.295(1)(j)1.a. a. Results in bodily harm or great bodily harm to a patient or resident.
940.295(1)(j)1.b. b. Intimidates, humiliates, threatens, frightens or otherwise harasses a patient or resident.
940.295(1)(j)2. 2. The forcible administration of medication to or the performance of psychosurgery, electroconvulsive therapy or experimental research on a patient or resident with the knowledge that no lawful authority exists for the administration or performance.
940.295(1)(k) (k) "Neglect" means an act, omission or course of conduct by another that, because of the failure to provide adequate food, shelter, clothing, medical care or dental care, creates a significant danger to the physical or mental health of a patient or resident.
940.295(1)(L) (L) "Patient" means any person who does any of the following:
940.295(1)(L)1. 1. Receives care or treatment from a facility or program under sub. (2), from an employe of a facility or program or from a person providing services under contract with a facility or program.
940.295(1)(L)2. 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 employe of a facility or program under sub. (2), or from a person providing services under contract with a facility or program under sub. (2).
940.295(1)(n) (n) "Reckless abuse" means an act, omission or course of conduct by another, if done recklessly, that is not reasonably necessary for treatment or maintenance of order and discipline in a program or facility under sub. (2) and that does at least one of the following:
940.295(1)(n)1. 1. Results in bodily harm or great bodily harm to a patient or resident.
940.295(1)(n)2. 2. Intimidates, humiliates, threatens, frightens or otherwise harasses a patient or resident.
940.295(1)(o) (o) "Recklessly" means conduct which creates a situation of unreasonable risk of harm to and demonstrates a conscious disregard for the safety of the patient or resident.
940.295(1)(p) (p) "Resident" means any person who resides in a facility under sub. (2).
940.295(1)(q) (q) "State school for the visually handicapped or hearing impaired" means any schools described in s. 115.52 (2).
940.295(1)(r) (r) "State treatment facility" has the meaning given in s. 51.01 (15).
940.295(1)(s) (s) "Treatment facility" has the meaning given in s. 51.01 (19).
940.295(2) (2)Applicability. This section applies to any of the following types of facilities or programs:
940.295(2)(a) (a) An adult day care center.
940.295(2)(b) (b) An adult family home.
940.295(2)(c) (c) A community-based residential facility.
940.295(2)(d) (d) A foster home.
940.295(2)(e) (e) A group home.
940.295(2)(f) (f) A home health agency.
940.295(2)(g) (g) A hospice.
940.295(2)(h) (h) An inpatient health care facility.
940.295(2)(i) (i) A program under s. 51.42 (2).
940.295(2)(j) (j) A state school for the visually handicapped or hearing impaired.
940.295(2)(k) (k) A state treatment facility.
940.295(2)(L) (L) A treatment facility.
940.295(2)(m) (m) An institution operated by a child welfare agency licensed under s. 48.60 or by a public agency for the care of neglected, dependent or delinquent children.
940.295(2)(n) (n) Any other health facility or care-related facility or home, whether publicly or privately owned.
940.295(3) (3)Abuse and neglect; penalties.
940.295(3)(a)(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):
940.295(3)(a)1. 1. Intentionally abuses or intentionally neglects a patient or resident.
940.295(3)(a)2. 2. Recklessly abuses or recklessly neglects a patient or resident.
940.295(3)(b)1.1. Any person violating par. (a) 1. under circumstances that cause or are likely to cause great bodily harm is guilty of a Class D felony.
940.295(3)(b)2. 2. Any person violating par. (a) 1. under circumstances that cause or are likely to cause bodily harm is guilty of a Class E felony.
940.295(3)(b)3. 3. Any person violating par. (a) 2. under circumstances that cause or are likely to cause great bodily harm is guilty of a Class E felony.
940.295(3)(b)4. 4. Any person violating par. (a) 2. under circumstances that cause or are likely to cause bodily harm is guilty of a Class A misdemeanor.
940.295(3)(b)5. 5. Any person violating par. (a) 1. or 2. under circumstances not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor.
940.295 History History: 1993 a. 445; 1995 a. 225.
940.295 Annotation Evidence that residents suffered weight loss and bedsores was sufficient to support nursing home administrator's conviction of abuse of residents. State v. Serebin, 119 W (2d) 837, 350 NW (2d) 65 (1984).
940.30 940.30 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 E felony.
940.30 History History: 1977 c. 173.
940.30 Annotation False imprisonment is not a lesser included offense of the crime of kidnapping. Geitner v. State, 59 W (2d) 128, 207 NW (2d) 837.
940.30 Annotation Victim need only take advantage of reasonable means of escape; victim need not expose self or others to danger in attempt to escape. State v. C.V.C. 153 W (2d) 145, 450 NW (2d) 463 (Ct. App. 1989).
940.305 940.305 Taking hostages.
940.305(1)(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 A felony.
940.305(2) (2) Whoever commits a violation specified under sub. (1) is guilty of a Class B felony if, before the time of the actor's arrest, each person who is held as a hostage is released without bodily harm.
940.305 History History: 1979 c. 118; 1993 a. 194.
940.305 Annotation Constitutionality of 940.305 upheld. State v. Bertrand, 162 W (2d) 411, 469 NW (2d) 873 (Ct. App. 1991).
940.31 940.31 Kidnapping.
940.31(1)(1) Whoever does any of the following is guilty of a Class B felony:
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?