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)(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)(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 employe 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 employe 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)(q)
(q) "State school for the visually handicapped or hearing impaired" means any schools described in
s. 115.52 (2).
940.295(2)
(2) Applicability. This section applies to any of the following types of facilities or programs:
940.295(2)(j)
(j) A state school for the visually handicapped or hearing impaired.
940.295(2)(m)
(m) An institution operated by a child welfare agency licensed under
s. 48.60 or 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)(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):
940.295(3)(a)1.
1. Intentionally abuses or intentionally neglects a patient or resident.
940.295(3)(a)2.
2. Recklessly abuses or recklessly neglects a patient or resident.
940.295(3)(b)1.1. Any person violating
par. (a) 1. under circumstances that cause or are likely to cause great bodily harm is guilty of a Class D felony.
940.295(3)(b)2.
2. Any person violating
par. (a) 1. under circumstances that cause or are likely to cause bodily harm is guilty of a Class E felony.
940.295(3)(b)3.
3. Any person violating
par. (a) 2. under circumstances that cause or are likely to cause great bodily harm is guilty of a Class E felony.
940.295(3)(b)4.
4. Any person violating
par. (a) 2. under circumstances that cause or are likely to cause bodily harm is guilty of a Class A misdemeanor.
940.295(3)(b)5.
5. Any person violating
par. (a) 1. or
2. under circumstances not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor.
940.295 History
History: 1993 a. 445;
1995 a. 225.
940.295 Annotation
Evidence that residents suffered weight loss and bedsores was sufficient to support nursing home administrator's conviction of abuse of residents. State v. Serebin, 119 W (2d) 837, 350 NW (2d) 65 (1984).
940.30
940.30
False imprisonment. Whoever intentionally confines or restrains another without the person's consent and with knowledge that he or she has no lawful authority to do so is guilty of a Class E felony.
940.30 History
History: 1977 c. 173.
940.30 Annotation
False imprisonment is not a lesser included offense of the crime of kidnapping. Geitner v. State, 59 W (2d) 128, 207 NW (2d) 837.
940.30 Annotation
Victim need only take advantage of reasonable means of escape; victim need not expose self or others to danger in attempt to escape. State v. C.V.C. 153 W (2d) 145, 450 NW (2d) 463 (Ct. App. 1989).
940.305(1)(1) Except as provided in
sub. (2), whoever by force or threat of imminent force seizes, confines or restrains a person without the person's consent and with the intent to use the person as a hostage in order to influence a person to perform or not to perform some action demanded by the actor is guilty of a Class A felony.
940.305(2)
(2) Whoever commits a violation specified under
sub. (1) is guilty of a Class B felony if, before the time of the actor's arrest, each person who is held as a hostage is released without bodily harm.
940.305 History
History: 1979 c. 118;
1993 a. 194.
940.305 Annotation
Constitutionality of 940.305 upheld. State v. Bertrand, 162 W (2d) 411, 469 NW (2d) 873 (Ct. App. 1991).
940.31(1)(1) Whoever does any of the following is guilty of a Class B felony:
940.31(1)(a)
(a) By force or threat of imminent force carries another from one place to another without his or her consent and with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will; or
940.31(1)(b)
(b) By force or threat of imminent force seizes or confines another without his or her consent and with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will; or
940.31(1)(c)
(c) By deceit induces another to go from one place to another with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will.
940.31(2)(a)(a) Except as provided in
par. (b), whoever violates
sub. (1) with intent to cause another to transfer property in order to obtain the release of the victim is guilty of a Class A felony.
940.31(2)(b)
(b) Whoever violates
sub. (1) with intent to cause another to transfer property in order to obtain the release of the victim is guilty of a Class B felony if the victim is released without permanent physical injury prior to the time the first witness is sworn at the trial.
940.31 History
History: 1977 c. 173;
1993 a. 194,
486.
940.31 Annotation
Conviction under (1) (c) does not require proof of express or implied misrepresentations. State v. Dalton, 98 W (2d) 725, 298 NW (2d) 398 (Ct. App. 1980).
940.31 Annotation
"Service" element under (1) (b) is satisfied by proof of sexual assault. State v. Clement, 153 W (2d) 287, 450 NW (2d) 789 (Ct. App. 1989).
940.31 Annotation
Parental immunity does not extend to an agent acting for the parent. State v. Simplot, 180 W (2d) 383, 509 NW (2d) 338 (Ct. App. 1993).
940.31 Annotation
Forced movement of a person from one part of a building to another satisfies the "carries another from one place to another" element of sub. (1) (a). State v. Wagner, 191 W (2d) 322, 528 NW (2d) 85 (Ct. App. 1995).
940.32(1)(a)
(a) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person.
940.32(1)(b)
(b) "Immediate family" means a spouse, parent, child, sibling, or any other person who regularly resides in the household or who within the prior 6 months regularly resided in the household.
940.32(1)(c)
(c) "Labor dispute" includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employe.
940.32(1)(d)
(d) "Repeatedly" means on 2 or more calendar days.
940.32(2)
(2) Whoever meets all of the following criteria is guilty of a Class A misdemeanor:
940.32(2)(a)
(a) The actor intentionally engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to himself or herself or a member of his or her immediate family or to fear the death of himself or herself or a member of his or her immediate family.
940.32(2)(b)
(b) The actor has knowledge or should have knowledge that the specific person will be placed in reasonable fear of bodily injury to himself or herself or a member of his or her immediate family or will be placed in reasonable fear of the death of himself or herself or a member of his or her immediate family.
940.32(2)(c)
(c) The actor's acts induce fear in the specific person of bodily injury to himself or herself or a member of his or her immediate family or induce fear in the specific person of the death of himself or herself or a member of his or her immediate family.
940.32(2m)
(2m) Whoever violates
sub. (2) is guilty of a Class D felony if he or she intentionally gains access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation under
sub. (2).
