940.25(1d)(b)
(b) If the person who committed an offense under
sub. (1) (a),
(b),
(c), or
(d) has 2 or more prior convictions, suspensions, or revocations, counting convictions under
sub. (1) and
s. 940.09 (1) in the person's lifetime, plus other convictions, suspensions, or revocations counted under
s. 343.307 (1), the procedure under
s. 346.65 (6) shall be followed if the court orders the seizure and forfeiture of the motor vehicle owned by the person and used in the violation.
940.25(1m)
(1m) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of
sub. (1) (a) or
(b) or both,
sub. (1) (a) or
(bm) or both,
sub. (1) (c) or
(d) or both or
sub. (1) (c) or
(e) or both for acts arising out of the same incident or occurrence. If the person is charged with violating both
sub. (1) (a) and
(b), both
sub. (1) (a) and
(bm), both
sub. (1) (c) and
(d) or both
sub. (1) (c) and
(e) in the information, the crimes shall be joined under
s. 971.12. If the person is found guilty of both
sub. (1) (a) and
(b), both
sub. (1) (a) and
(bm), both
sub. (1) (c) and
(d) or both
sub. (1) (c) and
(e) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under
s. 23.33 (13) (b) 2. and
3., under
s. 30.80 (6) (a) 2. or
3., under
ss. 343.30 (1q) and
343.305 or under
s. 350.11 (3) (a) 2. and
3. Subsection (1) (a),
(b),
(bm),
(c),
(d) and
(e) each require proof of a fact for conviction which the other does not require.
940.25(2)
(2) The defendant has a defense if he or she proves by a preponderance of the evidence that the great bodily harm would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration described under
sub. (1) (b),
(bm),
(d) or
(e).
940.25 History
History: 1977 c. 193,
272;
1981 c. 20,
184;
1983 a. 459;
1985 a. 331;
1987 a. 399;
1989 a. 105,
275,
359;
1991 a. 277;
1993 a. 317,
428,
478;
1995 a. 425,
436;
1997 a. 237,
295;
1999 a. 32,
109,
186;
2001 a. 16,
109.
940.25 Annotation
The double jeopardy clause was not violated by a charge under sub. (1) (c) [now sub. (1m)] of violations of subs. (1) (a) and (b). State v. Bohacheff,
114 Wis. 2d 402,
338 N.W.2d 466 (1983).
940.25 Annotation
The trial court did not err in refusing to admit expert testimony indicating that the victims would not have suffered the same injury had they been wearing seat belts; the evidence not relevant to a defense under sub. (2). State v. Turk,
154 Wis. 2d 294,
453 N.W.2d 163 (1990).
940.25 Annotation
Dogs must be intended to be weapons before their handling can result in a violation of this section. That a dog bites does not render the dog a dangerous weapon. Despite evidence of positive steps to restrain the dog, when those measures are inadequate criminal negligence may be found. Physical proximity is not necessary for a defendant's activity to constitute handling. State v. Bodoh,
226 Wis. 2d 718,
595 N.W.2d 330 (1999).
940.285
940.285
Abuse of vulnerable adults. 940.285(1)(bm)
(bm) "Maltreatment" includes any of the following conduct:
940.285(1)(bm)1.
1. Conduct that causes or could reasonably be expected to cause bodily harm or great bodily harm.
940.285(1)(bm)2.
2. Restraint, isolation or confinement that causes or could reasonably be expected to cause bodily harm or great bodily harm or mental or emotional damage, including harm to the vulnerable adult's psychological or intellectual functioning that is exhibited by severe anxiety, depression, withdrawal, regression or outward aggressive behavior or a combination of these behaviors. This subdivision does not apply to restraint, isolation or confinement by order of a court or other lawful authority.
940.285(1)(bm)3.
3. Deprivation of a basic need for food, shelter, clothing or personal or health care, including deprivation resulting from the failure to provide or arrange for a basic need by a person who has assumed responsibility for meeting the need voluntarily or by contract, agreement or court order.
940.285(1)(dm)
(dm) "Recklessly" means conduct that creates a situation of unreasonable risk of harm and demonstrates a conscious disregard for the safety of the vulnerable adult.
940.285(1)(e)
(e) "Vulnerable adult" means any person 18 years of age or older who either is a developmentally disabled person or has infirmities of aging, mental illness or other like incapacities and who is:
940.285(1)(e)1.
1. Substantially mentally incapable of providing for his or her needs for food, shelter, clothing or personal or health care; or
940.285(2)(a)(a) Any person, other than a person in charge of or employed in a facility under
s. 940.29 or in a facility or program under
s. 940.295 (2), who does any of the following may be penalized under
par. (b):
940.285(2)(a)1.
1. Intentionally subjects a vulnerable adult to maltreatment.
940.285(2)(a)3.
3. Negligently subjects a vulnerable adult to maltreatment.
940.285(2)(b)1g.1g. Any person violating
par. (a) 1. or
2. under circumstances that cause death is guilty of a Class C felony. Any person violating
par. (a) 3. under circumstances that cause death is guilty of a Class D felony.
Effective date note
NOTE: Subd. 1g. is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
1g. Any person violating par. (a) under circumstances that cause death is guilty of a Class B felony.
940.285(2)(b)1m.
1m. Any person violating
par. (a) under circumstances that cause great bodily harm is guilty of a Class F felony.
Effective date note
NOTE: Subd. 1m. is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
1m. Any person violating par. (a) under circumstances that cause great bodily harm is guilty of a Class C felony.
940.285(2)(b)1r.
1r. Any person violating
par. (a) 1. under circumstances that are likely to cause great bodily harm is guilty of a Class G felony. Any person violating
par. (a) 2. or
3. under circumstances that are likely to cause great bodily harm is guilty of a Class I felony.
Effective date note
NOTE: Subd. 1r. is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
1r. Any person violating par. (a) 1. under circumstances that are likely to cause great bodily harm is guilty of a Class D felony.
940.285(2)(b)2.
2. Any person violating
par. (a) 1. under circumstances that cause bodily harm is guilty of a Class H felony. Any person violating
par. (a) 1. under circumstances that are likely to cause bodily harm is guilty of a Class I felony.
Effective date note
NOTE: Subd. 2. is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
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.
940.285(2)(b)3.
3. Any person violating
par. (a) 2. or
3. under circumstances that are likely to cause great bodily harm is guilty of a Class E felony.
940.285(2)(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.
940.285(2)(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.
940.29
940.29
Abuse of residents of penal facilities. Any person in charge of or employed in a penal or correctional institution or other place of confinement who abuses, neglects or ill-treats any person confined in or a resident of any such institution or place or who knowingly permits another person to do so is guilty of a Class I felony.
Effective date note
NOTE: This section is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
940.29 Abuse of residents of penal facilities. Any person in charge of or employed in a penal or correctional institution or other place of confinement who abuses, neglects or ill-treats any person confined in or a resident of any such institution or place or who knowingly permits another person to do so is guilty of a Class E felony.
940.291
940.291
Law enforcement officer; failure to render aid. 940.291(1)(1) Any peace officer, while acting in the course of employment or under the authority of employment, who intentionally fails to render or make arrangements for any necessary first aid for any person in his or her actual custody is guilty of a Class A misdemeanor if bodily harm results from the failure. This subsection applies whether the custody is lawful or unlawful and whether the custody is actual or constructive. A violation for intentionally failing to render first aid under this subsection applies only to first aid which the officer has the knowledge and ability to render.
940.291(2)
(2) Any peace officer who knowingly permits another person to violate
sub. (1), while acting in the course of employment or under the authority of employment, is guilty of a Class A misdemeanor.
940.291 History
History: 1983 a. 27.
940.295
940.295
Abuse and neglect of patients and residents. 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)(km)
(km) "Negligent abuse" means an act, omission or course of conduct by another, if done negligently, 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)(km)1.
1. Results in bodily harm or great bodily harm to a patient or resident.
940.295(1)(km)2.
2. Intimidates, humiliates, threatens or otherwise harasses 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 employee 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 employee 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)(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:
