Effective date note
NOTE: Sub. (2) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 H felony.
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 H felony.
Effective date note
NOTE: Sub. (3) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 I felony.
Effective date note
NOTE: Sub. (4) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 employees. 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 employee 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 employee, without the consent of the person so injured, is guilty of a Class I felony.
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(b) Whoever intentionally causes bodily harm to a technical college district or school district officer or employee 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 employee, 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 I felony:
Effective date note
NOTE: Par. (b) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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) Battery to emergency medical care providers. 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 employee 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)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 H felony.
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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, s. 946.41, is not a lesser-included offense of battery to a peace officer. State v. Zdiarstek,
53 Wis. 2d 776,
193 N.W.2d 833 (1972).
940.20 Annotation
A county deputy sheriff was not acting in an official capacity under s. 940.205 [now s. 940.20 (2)] when making arrest outside of his county of employment. State v. Barrett,
96 Wis. 2d 174,
291 N.W.2d 498 (1980).
940.20 Annotation
A prisoner is "confined to a state prison" under sub. (1) when kept under guard at a hospital for treatment. State v. Cummings,
153 Wis. 2d 603,
451 N.W.2d 463 (Ct. App. 1989).
940.20 Annotation
A 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 Wis. 2d 304, N.W.2d (Ct. App. 1993).
940.201
940.201
Battery or threat to witnesses. 940.201(1)(a)
(a) "Family member" means a spouse, child, stepchild, foster child, treatment foster child, parent, sibling or grandchild.
940.201(2)
(2) Whoever does any of the following is guilty of a Class H felony:
Effective date note
NOTE: Sub. (2) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(2) Whoever does any of the following is guilty of a Class D felony:
940.201(2)(a)
(a) Intentionally causes bodily harm or threatens to cause bodily harm to a person who he or she knows or has reason to know is or was a witness by reason of the person having attended or testified as a witness and without the consent of the person harmed or threatened.
940.201(2)(b)
(b) Intentionally causes bodily harm or threatens to cause bodily harm to a person who he or she knows or has reason to know is a family member of a witness or a person sharing a common domicile with a witness by reason of the witness having attended or testified as a witness and without the consent of the person harmed or threatened.
940.201 History
History: 1997 a. 143;
2001 a. 109.
940.201 Annotation
Battery to a prospective witness is prohibited by s. 940.206 [now s. 940.201]. McLeod v. State,
85 Wis. 2d 787,
271 N.W.2d 157 (Ct. App. 1978).
940.203
940.203
Battery or threat to judge. 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 circuit, supplemental, or municipal 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 H felony:
Effective date note
NOTE: Sub. (2)(intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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;
2001 a. 61,
109.
940.203 Annotation
Only a "true threat" is punishable under this section. A true threat is a statement that a speaker would reasonably foresee that a listener would reasonably interpret as a serious expression of a purpose to inflict harm, as distinguished from hyperbole, jest, innocuous talk, expressions of political views, or other similarly protected speech. It is not necessary that the speaker have the ability to carry out the threat. Jury instructions must contain a clear definition of a true threat. State v. Perkins, 2001 WI 46,
243 Wis. 2d 141,
626 N.W. 2d 762.
940.205
940.205
Battery or threat to department of revenue employee. 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, employee or agent under all of the following circumstances is guilty of a Class H felony:
Effective date note
NOTE: Sub. (2) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of revenue official, employee 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, employee or agent or a member of his or her family.
940.205(2)(b)
(b) The official, employee 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.
940.207
940.207
Battery or threat to department of commerce or department of workforce development employee. 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 workforce development official, employee or agent under all of the following circumstances is guilty of a Class H felony:
Effective date note
NOTE: Sub. (2)(intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 workforce development official, employee 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 workforce development official, employee or agent or a member of his or her family.
940.207(2)(b)
(b) The official, employee 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.
