940.15(1)(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.
940.15(2) (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 E felony.
940.15(3) (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.
940.15(4) (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.
940.15(5) (5) Whoever intentionally performs an abortion and who is not a physician is guilty of a Class E felony.
940.15(6) (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 E felony.
940.15(7) (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.
940.15 History History: 1985 a. 56.
BODILY SECURITY.
940.19 940.19 Battery; substantial battery; aggravated battery.
940.19(1)(1) 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.
940.19(2) (2) 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 E felony.
940.19(3) (3) Whoever causes substantial bodily harm to another by an act done with intent to cause substantial bodily harm to that person or another is guilty of a Class D felony.
940.19(4) (4) 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 D felony.
940.19(5) (5) Whoever causes great bodily harm to another by an act done with intent to cause either substantial bodily harm or great bodily harm to that person or another is guilty of a Class C felony.
940.19(6) (6) Whoever intentionally causes bodily harm to another by conduct that creates a substantial risk of great bodily harm is guilty of a Class D felony. A rebuttable presumption of conduct creating a substantial risk of great bodily harm arises:
940.19(6)(a) (a) If the person harmed is 62 years of age or older; or
940.19(6)(b) (b) 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.
940.19 History History: 1977 c. 173; 1979 c. 111, 113; 1987 a. 399; 1993 a. 441, 483.
940.19 Annotation Under "elements only" test, offenses under subsections that require proof of nonconsent are not lesser included offenses of offenses under subsections where proof of nonconsent is not required. State v. Richards, 123 W (2d) 1, 365 NW (2d) 7 (1985).
940.19 Annotation "Physical disability" under (former) sub. (3) (now sub. (6)) discussed. State v. Crowley, 143 W (2d) 324, 422 NW (2d) 847 (1988).
940.19 Annotation First-degree reckless injury, s. 940.23 (1), is not a lesser included offense of aggravated battery. State v. Eastman, 185 W (2d) 405, 518 NW (2d) 257 (Ct. App. 1994).
940.20 940.20 Battery: special circumstances.
940.20(1) (1)Battery by prisoners. Any prisoner confined to a state prison or other state, county or municipal detention facility who intentionally causes bodily harm to an officer, employe, visitor or another inmate of such prison or institution, without his or her consent, is guilty of a Class D felony.
940.20(1m) (1m)Battery by persons subject to certain injunctions.
940.20(1m)(a)(a) Any person who is subject to an injunction under s. 813.12 or a tribal injunction filed under [s. 813.12 (9) (a)] and who intentionally causes bodily harm to the petitioner who sought the injunction by an act done without the consent of the petitioner is guilty of a Class E felony.
940.20 Note NOTE: The bracketed cross-reference does not exist. 1995 Wis. Act 343 created this provision without taking into account the repeal and recreation of s. 813.12 (9) by 1995 Wis. Act 306.
940.20(1m)(b) (b) Any person who is subject to an injunction under s. 813.125 and who intentionally causes bodily harm to the petitioner who sought the injunction by an act done without the consent of the petitioner is guilty of a Class E felony.
940.20(2) (2)Battery to law enforcement officers and fire fighters. Whoever intentionally causes bodily harm to a law enforcement officer or fire fighter, as those terms are defined in s. 102.475 (8) (b) and (c), acting in an official capacity and the person knows or has reason to know that the victim is a law enforcement officer or fire fighter, by an act done without the consent of the person so injured, is guilty of a Class D felony.
940.20(2m) (2m)Battery to probation and parole agents and aftercare agents.
940.20(2m)(a)(a) In this subsection:
940.20(2m)(a)1. 1. "Aftercare agent" means any person authorized by the department of corrections to exercise control over a juvenile on aftercare.
940.20(2m)(a)2. 2. "Probation and parole agent" means any person authorized by the department of corrections to exercise control over a probationer or parolee.
940.20(2m)(b) (b) Whoever intentionally causes bodily harm to a probation and parole agent or an aftercare agent, acting in an official capacity and the person knows or has reason to know that the victim is a probation and parole agent or an aftercare agent, by an act done without the consent of the person so injured, is guilty of a Class D felony.
940.20(3) (3)Battery to witnesses and jurors. Whoever intentionally causes bodily harm to a person who he or she knows or has reason to know is or was a witness as defined in s. 940.41 (3) or a grand or petit juror, and by reason of the person having attended or testified as a witness or by reason of any verdict or indictment assented to by the person, without the consent of the person injured, is guilty of a Class D felony.
940.20(4) (4)Battery to public officers. Whoever intentionally causes 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, without the consent of the person injured, is guilty of a Class E felony.
940.20(5) (5)Battery to technical college district or school district officers and employes.
940.20(5)(a)(a) In this subsection:
940.20(5)(a)1. 1. "School district" has the meaning given in s. 115.01 (3).
940.20(5)(a)2. 2. "Technical college district" means a district established under ch. 38.
940.20(5)(b) (b) Whoever intentionally causes bodily harm to a technical college district or school district officer or employe acting in that capacity, and the person knows or has reason to know that the victim is a technical college district or school district officer or employe, without the consent of the person so injured, is guilty of a Class E felony.
940.20(6) (6)Battery to public transit vehicle operator, driver or passenger.
940.20(6)(a)(a) In this subsection, "public transit vehicle" means any vehicle used for providing transportation service to the general public.
940.20(6)(b) (b) Whoever intentionally causes bodily harm to another under any of the following circumstances is guilty of a Class E felony:
940.20(6)(b)1. 1. The harm occurs while the victim is an operator, a driver or a passenger of, in or on a public transit vehicle.
940.20(6)(b)2. 2. The harm occurs after the offender forces or directs the victim to leave a public transit vehicle.
940.20(6)(b)3. 3. The harm occurs as the offender prevents, or attempts to prevent, the victim from gaining lawful access to a public transit vehicle.
940.20(7) (7)
940.20(7)(a)(a) In this subsection:
940.20(7)(a)1e. 1e. "Ambulance" has the meaning given in s. 146.50 (1) (a).
940.20(7)(a)1g. 1g. "Emergency department" means a room or area in a hospital, as defined in s. 50.33 (2), that is primarily used to provide emergency care, diagnosis or radiological treatment.
940.20(7)(a)2. 2. "Emergency department worker" means any of the following:
940.20(7)(a)2.a. a. An employe of a hospital who works in an emergency department.
940.20(7)(a)2.b. b. A health care provider, whether or not employed by a hospital, who works in an emergency department.
940.20(7)(a)2g. 2g. "Emergency medical technician" has the meaning given in s. 146.50 (1) (e).
940.20(7)(a)2m. 2m. "First responder" has the meaning given in s. 146.53 (1) (d).
940.20(7)(a)3. 3. "Health care provider" means any person who is licensed, registered, permitted or certified by the department of health and family services or the department of regulation and licensing to provide health care services in this state.
940.20(7)(b) (b) Whoever intentionally causes bodily harm to an emergency department worker, an emergency medical technician, a first responder or an ambulance driver who is acting in an official capacity and who the person knows or has reason to know is an emergency department worker, an emergency medical technician, a first responder or an ambulance driver, by an act done without the consent of the person so injured, is guilty of a Class D felony.
940.20 Annotation Resisting or obstructing an officer (946.41) is not a lesser-included crime of battery to a peace officer. State v. Zdiarstek, 53 W (2d) 776, 193 NW (2d) 833.
940.20 Annotation Battery to prospective witness is prohibited by s. 940.206, 1975 stats. [now s. 940.20 (3)]. McLeod v. State, 85 W (2d) 787, 271 NW (2d) 157 (Ct. App. 1978).
940.20 Annotation County deputy sheriff was not acting in official capacity under s. 940.205, 1975 stats. [now s. 940.20 (2)] when making arrest outside county of employment. State v. Barrett, 96 W (2d) 174, 291 NW (2d) 498 (1980).
940.20 Annotation See note to 48.34, citing In Interest of C.D.M. 125 W (2d) 170, 370 NW (2d) 287 (Ct. App. 1985).
940.20 Annotation Prisoner is confined to state prison under (1) when kept under guard at hospital for treatment. State v. Cummings, 153 W (2d) 603, 451 NW (2d) 463 (Ct. App. 1989).
940.20 Annotation Defendant's commitment to a mental institution upon a finding of not guilty by reason of mental disease or defect rendered him a "prisoner" under sub. (1). State v. Skamfer, 176 W (2d) 304, NW (2d) (Ct. App. 1993).
940.203 940.203 Battery or threat to judge.
940.203(1) (1) In this section:
940.203(1)(a) (a) "Family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.
940.203(1)(b) (b) "Judge" means a supreme court justice, court of appeals judge, circuit court judge, municipal judge, temporary or permanent reserve judge or juvenile, probate, family or other court commissioner.
940.203(2) (2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any judge under all of the following circumstances is guilty of a Class D felony:
940.203(2)(a) (a) At the time of the act or threat, the actor knows or should have known that the victim is a judge or a member of his or her family.
940.203(2)(b) (b) The judge is acting in an official capacity at the time of the act or threat or the act or threat is in response to any action taken in an official capacity.
940.203(2)(c) (c) There is no consent by the person harmed or threatened.
940.203 History History: 1993 a. 50, 446.
940.205 940.205 Battery or threat to department of revenue employe.
940.205(1)(1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.
940.205(2) (2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of revenue official, employe or agent under all of the following circumstances is guilty of a Class D felony:
940.205(2)(a) (a) At the time of the act or threat, the actor knows or should have known that the victim is a department of revenue official, employe or agent or a member of his or her family.
940.205(2)(b) (b) The official, employe or agent is acting in an official capacity at the time of the act or threat or the act or threat is in response to any action taken in an official capacity.
940.205(2)(c) (c) There is no consent by the person harmed or threatened.
940.205 History History: 1985 a. 29; 1993 a. 446.
940.207 940.207 Battery or threat to department of commerce or department of industry, labor and job development employe.
940.207(1)(1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.
940.207(2) (2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of commerce or department of industry, labor and job development official, employe or agent under all of the following circumstances is guilty of a Class D felony:
940.207(2)(a) (a) At the time of the act or threat, the actor knows or should have known that the victim is a department of commerce or department of industry, labor and job development official, employe or agent or a member of his or her family.
940.207(2)(b) (b) The official, employe or agent is acting in an official capacity at the time of the act or threat or the act or threat is in response to any action taken in an official capacity.
940.207(2)(c) (c) There is no consent by the person harmed or threatened.
940.207 History History: 1993 a. 86, 446; 1995 a. 27 ss. 7227 to 7229, 9116 (5), 9130 (4).
940.21 940.21 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 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?