940.25 Annotation The double jeopardy clause was not violated by a charge under sub. (1) (c) [now sub. (1m)] of violations of subs. (1) (a) and (b). State v. Bohacheff, 114 Wis. 2d 402, 338 N.W.2d 466 (1983).
940.25 Annotation The trial court did not err in refusing to admit expert testimony indicating that the victims would not have suffered the same injury had they been wearing seat belts; the evidence not relevant to a defense under sub. (2). State v. Turk, 154 Wis. 2d 294, 453 N.W.2d 163 (1990).
940.285 940.285 Abuse of vulnerable adults.
940.285(1) (1)Definitions. In this section:
940.285(1)(a) (a) "Developmentally disabled person" has the meaning specified in s. 55.01 (2).
940.285(1)(b) (b) "Infirmities of aging" has the meaning specified in s. 55.01 (3).
940.285(1)(bm) (bm) "Maltreatment" includes any of the following conduct:
940.285(1)(bm)1. 1. Conduct that causes or could reasonably be expected to cause bodily harm or great bodily harm.
940.285(1)(bm)2. 2. Restraint, isolation or confinement that causes or could reasonably be expected to cause bodily harm or great bodily harm or mental or emotional damage, including harm to the vulnerable adult's psychological or intellectual functioning that is exhibited by severe anxiety, depression, withdrawal, regression or outward aggressive behavior or a combination of these behaviors. This subdivision does not apply to restraint, isolation or confinement by order of a court or other lawful authority.
940.285(1)(bm)3. 3. 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.
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)(a)3. 3. Negligently subjects a vulnerable adult to maltreatment.
940.285(2)(b)1g.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.
940.285(2)(b)1m. 1m. Any person violating par. (a) under circumstances that cause great bodily harm is guilty of a Class F felony.
940.285(2)(b)1r. 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.
940.285(2)(b)2. 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.
940.285(2)(b)4. 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.
940.285(2)(b)5. 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.
940.285 History History: 1985 a. 306; 1993 a. 445; 1997 a. 180; 2001 a. 109.
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 I 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)(cm) (cm) "Developmentally disabled person" has the meaning given in s. 55.01 (2).
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)(hm) (hm) "Infirmities of aging" has the meaning given in s. 55.01 (3).
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)(jm) (jm) "Mental illness" has the meaning given in s. 55.01 (4m).
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)(km) (km) "Negligent abuse" means an act, omission or course of conduct by another, if done negligently, 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)(km)1. 1. Results in bodily harm or great bodily harm to a patient or resident.
940.295(1)(km)2. 2. Intimidates, humiliates, threatens or otherwise harasses a patient or resident.
940.295(1)(kp) (kp) "Other like incapacities" has the meaning given in s. 55.01 (5).
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 employee 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 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).
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)(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(1)(t) (t) "Vulnerable person" means any person who either is a developmentally disabled person or has infirmities of aging, mental illness or other like incapacities and who is:
940.295(1)(t)1. 1. Substantially mentally incapable of providing for his or her needs for food, shelter, clothing or personal or health care; or
940.295(1)(t)2. 2. Unable to report cruel maltreatment without assistance.
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) 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.
940.295(2)(k) (k) A state treatment facility.
940.295(2)(L) (L) A treatment facility.
940.295(2)(m) (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.
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):
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This is an archival version of the Wis. Stats. database for 2003. See Are the Statutes on this Website Official?