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17948.21 Neglecting a child. (1) Definitions. In this section:
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(a) "Child sex offense" means an offense under s. 948.02, 948.025, 948.05,
19948.051, 948.055, 948.06, 948.07, 948.08, 948.10, 948.11, or 948.12.
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(am) "Contributes to the failure" includes the act of contributing to the failure
21to provide a child with necessary care even if the child does not actually suffer from
22neglect if the natural and probable consequences of the act or failure to act would be
23that the child suffers from neglect.
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(b) "Emotional damage" has the meaning given in s. 48.02 (5j).
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1(c) "Necessary care" means the care that is critical to a child's physical or
2emotional health, safety, welfare, or development, based on all of the facts and
3circumstances, such as the child's age, physical or emotional condition, and any
4special needs of the child. "Necessary care" includes any of the following:
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1. Appropriate food.
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2. Appropriate clothing.
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3. Appropriate medical care.
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4. Appropriate dental care.
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5. The opportunity for education.
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6. Appropriate shelter.
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7. Appropriate supervision.
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8. The protection from the exposure to the distribution, manufacture, or use of
13controlled substances, as defined in s. 961.01 (4).
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14(2) Neglect. Any person who is responsible for a child's welfare who
15negligently fails, for reasons other than poverty, to provide the child with necessary
16care, or negligently contributes to the failure, commits neglect and is guilty of the
17following:
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(a) A Class D felony if the child suffers death as a consequence.
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(b) A Class E felony if the person knows or should know that his or her action
20creates an unreasonable and substantial risk of death.
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(c) A Class F felony if any of the following applies:
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1. The child suffers great bodily harm as a consequence.
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2. The child becomes a victim of a child sex offense as a consequence.
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(d) A Class G felony if any of the following applies:
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11. The person knows or should know that his or her action creates an
2unreasonable and substantial risk of great bodily harm to the child.
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2. The person knows or should know that his or her action creates an
4unreasonable and substantial risk that the child could become a victim of a child sex
5offense.
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3. The child suffers emotional damage as a consequence.
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(e) A Class H felony if any of the following applies:
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1. The child suffers bodily harm as a consequence.
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2. The person knows or should know that his or her action creates an
10unreasonable and substantial risk of emotional damage to the child.
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(f) A Class I felony if the person knows or should know that his or her action
12creates an unreasonable and substantial risk of bodily harm to the child.
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(g) A Class A misdemeanor.
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14(3) Rebuttable presumption. A rebuttable presumption that an action creates
15an unreasonable and substantial risk of the harm described under sub. (2) (b), (d) 1.
16or 2., (e) 2., or (f), whichever is applicable, exists under any of the following
17circumstances:
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(a) The child had not attained the age of 6 years when the action was
19committed.
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(b) The child has a physical, cognitive, or developmental disability that is
21discernible by an ordinary person viewing the child or that is actually known by the
22actor.
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23(4) Repeated acts of neglect of same child. (a) Any person who commits 3
24or more violations under sub. (2) within a specified period of time involving the same
25child is guilty of the following:
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11. A Class B felony if the child suffers death as a consequence.
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2. A Class D felony if any of the following applies:
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a. The child suffers great bodily harm as a consequence.
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b. The child becomes the victim of a child sex offense as a consequence.
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3. A Class E felony if the child suffers emotional damage as a consequence.
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4. A Class F felony if the child suffers bodily harm as a consequence.
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5. A Class H felony.
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(b) If an action under par. (a) is tried to a jury, in order to find the defendant
9guilty the members of the jury must unanimously agree that at least 3 violations of
10sub. (2) involving the same child occurred within the specified period but need not
11agree on which acts constitute the requisite number or which acts resulted in any
12requisite consequence.
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(c) The state may not charge in the same action a person with a violation of this
14subsection and with a violation involving the same child under sub. (2), unless the
15violation of sub. (2) occurred outside of the period applicable under par. (a).
