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(1)(t)
(t) "Vulnerable person" means any person who either is a developmentally disabled person or has infirmities of aging, mental illness or other like incapacities and who is:
940.295(1)(t)1.
1. Substantially mentally incapable of providing for his or her needs for food, shelter, clothing or personal or health care; or
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)1g.1g. Any person violating
par. (a) under circumstances that cause death to a vulnerable person is guilty of a Class B felony.
940.295(3)(b)1m.
1m. Any person violating
par. (a) under circumstances that cause great bodily harm to a vulnerable person is guilty of a Class C felony.
940.295(3)(b)1r.
1r. Except as provided in
subd. 1m., 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. Except as provided in
subd. 1m., any person violating
par. (a) 2. or
3. 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. or
3. 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.,
2. or
3. under circumstances not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor.
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).
940.32(3)
(3) Whoever violates
sub. (2) under any of the following circumstances is guilty of a Class E felony:
940.32(3)(a)
(a) The act results in bodily harm to the victim.
940.32(3)(b)
(b) The actor has a previous conviction under this section or
s. 947.013 (1r),
(1t),
(1v) or
(1x) for a violation against the same victim and the present violation occurs within 7 years after the prior conviction.
940.32(3m)
(3m) Whoever violates
sub. (3) under all of the following circumstances is guilty of a Class D felony:
940.32(3m)(b)
(b) The person intentionally gains access to a record in order to facilitate the current violation under
sub. (3).
940.32(4)(a)(a) This section does not apply to conduct that is or acts that are protected by the person's right to freedom of speech or to peaceably assemble with others under the state and
U.S. constitutions, including, but not limited to, any of the following:
940.32(4)(a)1.
1. Giving publicity to and obtaining or communicating information regarding any subject, whether by advertising, speaking or patrolling any public street or any place where any person or persons may lawfully be.
940.32(4)(b)
(b) Paragraph (a) does not limit the activities that may be considered to serve a legitimate purpose under this section.
940.32(5)
(5) This section does not apply to conduct arising out of or in connection with a labor dispute.
940.32(6)
(6) The provisions of this statute are severable. If any provision of this statute is invalid or if any application thereof is invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application.
940.32 History
History: 1993 a. 96,
496.
940.32 Annotation
This section does not violate the right to interstate travel and is not unconstitutionally vague or overbroad. State v. Reusch, 214 W (2d) 547, 571 NW (2d) 857 (Ct. App. 1997).
