AB355: Bill Text

AB355,3,14 (c) “Necessary care" means the care that is critical to a child's physical or emotional health, safety, welfare, or development, based on all of the facts and circumstances, such as the child's age, physical or emotional condition, and any special needs of the child. “Necessary care" includes any of the following:

AB355,3,15 1. Adequate food.

AB355,3,16 2. Adequate clothing.

AB355,3,17 3. Adequate medical care.

AB355,3,18 4. The opportunity for education.

AB355,3,19 5. Adequate shelter.

AB355,3,20 6. Adequate supervision.

AB355,3,22 7. The protection from exposure to the distribution, manufacture, or use of controlled substances, as defined in s. 961.01 (4).

AB355,3,25 (d) “Negligently” means acting, or failing to act, in such a way that a reasonable person would know or should know seriously endangers the physical, mental, or emotional health of a child.

AB355,4,6 (2) Neglect. Any person who is responsible for a child's welfare who, for reasons other than poverty, negligently fails, or contributes to the failure, to provide the child with necessary care commits neglect, even if the child does not actually suffer from neglect if the natural and probable consequences of the failure would be that the child suffers from neglect. A person who commits neglect is guilty of the following:

AB355,4,7 (a) A Class D felony if the child suffers death as a consequence.

AB355,4,8 (b) A Class F felony if any of the following applies:

AB355,4,9 1. The child suffers great bodily harm as a consequence.

AB355,4,10 2. The child becomes a victim of a child sex offense as a consequence.

AB355,4,11 (c) A Class G felony if the child suffers emotional damage as a consequence.

AB355,4,12 (d) A Class H felony if the child suffers bodily harm as a consequence.

AB355,4,13 (e) A Class I felony if any of the following applies:

AB355,4,15 1. The commission creates an unreasonable and substantial risk of great bodily harm to the child.

AB355,4,17 2. The commission creates an unreasonable and substantial risk that the child could become a victim of a child sex offense.

AB355,4,19 (f) A Class A misdemeanor if the commission creates an unreasonable and substantial risk of bodily harm to the child.

AB355,4,22 (3) Rebuttable presumption. A rebuttable presumption that an action creates an unreasonable and substantial risk of the harm described under sub. (2) (e) 1. or 2., whichever is applicable, exists under any of the following circumstances:

AB355,4,24 (a) The child had not attained the age of 6 years when the action was committed.

AB355,5,2 (b) The child has a physical, cognitive, or developmental disability that was known or should have been known by the actor.

AB355,5,5 (4) Repeated acts of neglect of same child. (a) Any person who commits 3 or more violations under sub. (2) within a specified period of time involving the same child is guilty of the following:

AB355,5,6 1. A Class B felony if the child suffers death as a consequence.

AB355,5,7 2. A Class D felony if any of the following applies:

AB355,5,8 a. The child suffers great bodily harm as a consequence.

AB355,5,9 b. The child becomes the victim of a child sex offense as a consequence.

AB355,5,10 3. A Class E felony if the child suffers emotional damage as a consequence.

AB355,5,11 4. A Class F felony if the child suffers bodily harm as a consequence.

AB355,5,12 5. A Class H felony.

AB355,5,17 (b) If an action under par. (a) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of sub. (2) involving the same child occurred within the specified period but need not agree on which acts constitute the requisite number or which acts resulted in any requisite consequence.

AB355,5,20 (c) The state may not charge in the same action a person with a violation of this subsection and with a violation involving the same child under sub. (2), unless the violation of sub. (2) occurred outside of the period applicable under par. (a).

AB355,5,21 (End)