940.09(1g)(c)
(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.
940.09(1g)(d)
(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 0.1 or more.
940.09(1m)
(1m) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of
sub. (1) (a) or
(b) or both,
sub. (1) (a) or
(bm) or both,
sub. (1) (c) or
(d) or both,
sub. (1) (c) or
(e) or both,
sub. (1g) (a) or
(b) or both or
sub. (1g) (c) or
(d) or both for acts arising out of the same incident or occurrence. If the person is charged with violating both
sub. (1) (a) and
(b), both
sub. (1) (a) and
(bm), both
sub. (1) (c) and
(d), both
sub. (1) (c) and
(e), both
sub. (1g) (a) and
(b) or both
sub. (1g) (c) and
(d) in the information, the crimes shall be joined under
s. 971.12. If the person is found guilty of both
sub. (1) (a) and
(b), both
sub. (1) (a) and
(bm), both
sub. (1) (c) and
(d), both
sub. (1) (c) and
(e), both
sub. (1g) (a) and
(b) or both
sub. (1g) (c) and
(d) 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. 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),
(b),
(bm),
(c),
(d) and
(e), and
sub. (1g) (a),
(b),
(c) and
(d), each require proof of a fact for conviction which the other does not require.
940.09(2)
(2) 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 or did not have an alcohol concentration described under
sub. (1) (b),
(bm),
(d) or
(e) or
(1g) (b) or
(d).
940.09 Annotation
See note to art. I, sec. 11, citing State v. Jenkins, 80 W (2d) 426, 259 NW (2d) 109.
940.09 Annotation
See note to art. I, sec. 11, citing State v. Bentley, 92 W (2d) 860, 286 NW (2d) 153 (Ct. App. 1979).
940.09 Annotation
See note to art. I, sec. 8, citing State v. Rabe, 96 W (2d) 48, 291 NW (2d) 809 (1980).
940.09 Annotation
Because driving while intoxicated is inherently dangerous, state need not prove causal connection between driver's intoxication and victim's death. Sub. (2) does not violate right against self-incrimination. State v. Caibaiosai, 122 W (2d) 587, 363 NW (2d) 574 (1985).
940.09 Annotation
Where state impounded vehicle but released it to scrap dealer before defendant's expert could examine it, charge was properly dismissed for destruction of exculpatory evidence. State v. Hahn, 132 W (2d) 351, 392 NW (2d) 464 (Ct. App. 1986).
940.09 Annotation
A vehicle under this section is defined in s. 939.44 (2) and includes a tractor. State v. Sohn, 193 W (2d) 346, 535 NW (2d) 1 (Ct. App. 1995).
940.09 Annotation
Sub. (2) does not violate the constitutional guarantee of equal protection. State v. Lohmeier, 196 W (2d) 432, 538 NW (2d) 821 (Ct. App. 1995).
940.09 Annotation
The defense under sub. (2) does not require an intervening cause; a victim's conduct can be the basis of the defense. The s. 939.14 rule that contributory negligence is not a defense to a crime does not prevent considering the victim's negligence in relation to causation. State v. Lohmeier, 205 W (2d) 182, 556 NW (2d) 90 (1996).
940.09 Annotation
Second degree reckless homicide is not a lesser included offense of homicide by intoxicated use of a motor vehicle. State v. Lechner, 217 W (2d) 392, 576 NW (2d) 912 (1998).
940.09 Annotation
This statute doesn't violate due process. Caibaiosai v. Barrington, 643 F Supp. 1007 (W. D. Wis. 1986).
940.09 Annotation
Homicide By Intoxicated Use Statute. Sines. Wis. Law. April, 1995.
940.10
940.10
Homicide by negligent operation of vehicle. 940.10(1)(1) Whoever causes the death of another human being by the negligent operation or handling of a vehicle is guilty of a Class E felony.
940.10(2)
(2) Whoever causes the death of an unborn child by the negligent operation or handling of a vehicle is guilty of a Class E felony.
940.10 History
History: 1987 a. 399;
1997 a. 295.
940.10 Note
Judicial Council Note, 1988 Homicide by negligent operation of vehicle is analogous to prior s. 940.08. The mental element is criminal negligence as defined in s. 939.25. [Bill 191-S]
940.10 Annotation
Motorist was properly convicted under this section for running red light at 50 m.p.h., even though speed limit was 55 m.p.h. State v. Cooper, 117 W (2d) 30, 344 NW (2d) 194 (Ct. App. 1983).
940.10 Annotation
The definition of criminal negligence as applied to homicide by negligent operation of a vehicle is not unconstitutionally vague. State v. Barman, 183 W (2d) 180, 515 NW (2d) 493 (Ct. App. 1994).
940.10 Annotation
A corporation may be subject to criminal liability under this section. State v. Knutson, Inc. 196 W (2d) 86, 537 NW (2d) 420 (Ct. App. 1995).
940.11
940.11
Mutilating or hiding a corpse. 940.11(1)
(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 C felony.
940.11(2)
(2) Whoever hides or buries a corpse, with intent to conceal a crime or avoid apprehension, prosecution or conviction for a crime, is guilty of a Class D felony.
940.11(3)
(3) A person may not be subject to prosecution under both this section and
s. 946.47 for his or her acts regarding the same corpse.
940.11 History
History: 1991 a. 205.
940.12
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 D felony.
940.12 History
History: 1977 c. 173.
940.13
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.
940.13 History
History: 1985 a. 56.
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.
940.16
940.16
Partial-birth abortion. 940.16(1)(a)
(a) "Child" means a human being from the time of fertilization until it is completely delivered from a pregnant woman.
940.16(1)(b)
(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.
940.16(2)
(2) Except as provided in
sub. (3), whoever intentionally performs a partial-birth abortion is guilty of a Class A felony.
940.16(3)
(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.
940.16 History
History: 1997 a. 219.
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 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).
940.195
940.195
Battery to an unborn child; substantial battery to an unborn child; aggravated battery to an unborn child. 940.195(1)(1) 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.
940.195(2)
(2) 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 E felony.
940.195(3)
(3) Whoever causes substantial bodily harm to an unborn child by an act done with intent to cause substantial bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class D felony.
940.195(4)
(4) 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 D felony.
940.195(5)
(5) Whoever causes great bodily harm to an unborn child by an act done with intent to cause either substantial bodily harm or great bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class C felony.
940.195(6)
(6) 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 D felony.
940.195 History
History: 1997 a. 295.
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. 806.247 (3) 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(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, extended supervision and parole agents and aftercare agents. 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, extended supervision and parole agent" means any person authorized by the department of corrections to exercise control over a probationer, parolee or person on extended supervision.
940.20(2m)(b)
(b) Whoever intentionally causes bodily harm to a probation, extended supervision 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, extended supervision 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 jurors. Whoever intentionally causes bodily harm to a person who he or she knows or has reason to know is or was a grand or petit juror, and 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.
