940.16 History
History: 1997 a. 219.
940.16 Annotation
A Nebraska statute that provided that no partial birth abortion could be performed, unless it is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury is unconstitutional. Sternberg v. Carthart, 530 US ___,
147 L. Ed. 2d 743 (2000).
940.16 Annotation
This section can be applied in a constitutional manner if it is limited to the procedures specified by the state in its arguments to the court. Application of the statute beyond that specified is enjoined. Hope Clinic v. Ryan,
195 F.3d 857 (1999).
BODILY SECURITY.
940.19
940.19
Battery; substantial battery; aggravated battery. 940.19(1)(1) Whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class A misdemeanor.
940.19(2)
(2) Whoever causes substantial bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class E felony.
940.19(3)
(3) Whoever causes substantial bodily harm to another by an act done with intent to cause substantial bodily harm to that person or another is guilty of a Class D felony.
940.19(4)
(4) Whoever causes great bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class D felony.
940.19(5)
(5) Whoever causes great bodily harm to another by an act done with intent to cause either substantial bodily harm or great bodily harm to that person or another is guilty of a Class C felony.
940.19(6)
(6) Whoever intentionally causes bodily harm to another by conduct that creates a substantial risk of great bodily harm is guilty of a Class D felony. A rebuttable presumption of conduct creating a substantial risk of great bodily harm arises:
940.19(6)(a)
(a) If the person harmed is 62 years of age or older; or
940.19(6)(b)
(b) If the person harmed has a physical disability, whether congenital or acquired by accident, injury or disease, that is discernible by an ordinary person viewing the physically disabled person, or that is actually known by the actor.
940.19 Annotation
Under the "elements only" test, offenses under subsections that require proof of nonconsent are not lesser included offenses of offenses under subsections where proof of nonconsent is not required. State v. Richards,
123 Wis. 2d 1,
365 N.W.2d 7 (1985).
940.19 Annotation
First-degree reckless injury, s. 940.23 (1), is not a lesser included offense of aggravated battery. State v. Eastman,
185 Wis. 2d 405,
518 N.W.2d 257 (Ct. App. 1994).
940.19 Annotation
The act of throwing urine that strikes another and causes pain constitutes a battery. State v. Higgs,
230 Wis. 2d 1,
601 N.W.2d 653 (Ct. App. 1999).
940.195
940.195
Battery to an unborn child; substantial battery to an unborn child; aggravated battery to an unborn child. 940.195(1)(1) Whoever causes bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class A misdemeanor.
940.195(2)
(2) Whoever causes substantial bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class E felony.
940.195(3)
(3) Whoever causes substantial bodily harm to an unborn child by an act done with intent to cause substantial bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class D felony.
940.195(4)
(4) Whoever causes great bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class D felony.
940.195(5)
(5) Whoever causes great bodily harm to an unborn child by an act done with intent to cause either substantial bodily harm or great bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class C felony.
940.195(6)
(6) Whoever intentionally causes bodily harm to an unborn child by conduct that creates a substantial risk of great bodily harm is guilty of a Class D felony.
940.195 History
History: 1997 a. 295.
940.20
940.20
Battery: special circumstances. 940.20(1)
(1)
Battery by prisoners. Any prisoner confined to a state prison or other state, county or municipal detention facility who intentionally causes bodily harm to an officer, employee, visitor or another inmate of such prison or institution, without his or her consent, is guilty of a Class D felony.
940.20(1m)
(1m) Battery by persons subject to certain injunctions. 940.20(1m)(a)(a) Any person who is subject to an injunction under
s. 813.12 or a tribal injunction filed under
s. 806.247 (3) and who intentionally causes bodily harm to the petitioner who sought the injunction by an act done without the consent of the petitioner is guilty of a Class E felony.
940.20(1m)(b)
(b) Any person who is subject to an injunction under
s. 813.125 and who intentionally causes bodily harm to the petitioner who sought the injunction by an act done without the consent of the petitioner is guilty of a Class E felony.
940.20(2)
(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 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 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 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 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 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 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.
940.20 Annotation
A county deputy sheriff was not acting in an official capacity under s. 940.205, 1975 stats. [now s. 940.20 (2)] when making arrest outside 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 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.
940.201 Annotation
Battery to a prospective witness is prohibited by s. 940.206, 1975 stats. [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 juvenile, probate, family or other 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 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.
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 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.
