940.295(2)(m)
(m) A residential care center for children and youth operated by a child welfare agency licensed under
s. 48.60 or an institution operated 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) 1. or
2. under circumstances that cause death to a vulnerable person is guilty of a Class C felony. Any person violating
par. (a) 3. under circumstances that cause death to a vulnerable person 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 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 E 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 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 great bodily harm is guilty of a Class F felony. Any person violating
par. (a) 1. under circumstances that are likely to cause great bodily harm is guilty of a Class G 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. 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 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.
940.295(3)(b)3.
3. Except as provided in
subd. 1m., any person violating
par. (a) 2. or
3. under circumstances that cause great bodily harm is guilty of a Class H 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. 3. is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
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 the conviction of a nursing home administrator for abuse of residents. State v. Serebin,
119 Wis. 2d 837,
350 N.W.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 H 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
940.30 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;
2001 a. 109.
940.30 Annotation
False imprisonment is not a lesser included offense of the crime of kidnapping. Geitner v. State,
59 Wis. 2d 128,
207 N.W.2d 837.
940.30 Annotation
A victim need only take advantage of reasonable means of escape; a victim need not expose himself or herself or others to danger in attempt to escape. State v. C.V.C.
153 Wis. 2d 145,
450 N.W.2d 463 (Ct. App. 1989).
940.30 Annotation
False imprisonment, or confinement, is the intentional, unlawful, and uncontested restraint by one person of the physical liberty of another. State v. Burroughs, 2002 WI App 18,
250 Wis. 2d 180,
640 N.W.2d 190.
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 B felony.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 C felony if, before the time of the actor's arrest, each person who is held as a hostage is released without bodily harm.
Effective date note
NOTE: Sub. (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) 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.
940.31(1)(1) Whoever does any of the following is guilty of a Class C felony:
Effective date note
NOTE: Sub. (1) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 B felony.
Effective date note
NOTE: Par. (a) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 C felony if the victim is released without permanent physical injury prior to the time the first witness is sworn at the trial.
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 Annotation
A conviction under sub. (1) (c) does not require proof of express or implied misrepresentations. State v. Dalton,
98 Wis. 2d 725,
298 N.W.2d 398 (Ct. App. 1980).
940.31 Annotation
The "service" element under sub. (1) (b) is satisfied by proof of sexual assault. State v. Clement,
153 Wis. 2d 287,
450 N.W.2d 789 (Ct. App. 1989).
940.31 Annotation
Parental immunity does not extend to an agent acting for the parent. State v. Simplot,
180 Wis. 2d 383,
509 N.W.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 Wis. 2d 322,
528 N.W.2d 85 (Ct. App. 1995).
940.31 Annotation
Confinement is the intentional, unlawful, and uncontested restraint by one person of the physical liberty of another. State v. Burroughs, 2002 WI App 18,
250 Wis. 2d 180,
640 N.W.2d 190.
940.32(1)(a)
(a) "Course of conduct" means a series of 2 or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following:
940.32(1)(a)1.
1. Maintaining a visual or physical proximity to the victim.
940.32(1)(a)3.
3. Appearing at the victim's workplace or contacting the victim's employer or coworkers.
940.32(1)(a)4.
4. Appearing at the victim's home or contacting the victim's neighbors.
940.32(1)(a)5.
5. Entering property owned, leased, or occupied by the victim.
940.32(1)(a)6.
6. Contacting the victim by telephone or causing the victim's telephone or any other person's telephone to ring repeatedly or continuously, regardless of whether a conversation ensues.
940.32(1)(a)7.
7. Sending material by any means to the victim or, for the purpose of obtaining information about, disseminating information about, or communicating with the victim, to a member of the victim's family or household or an employer, coworker, or friend of the victim.
940.32(1)(a)8.
8. Placing an object on or delivering an object to property owned, leased, or occupied by the victim.
940.32(1)(a)9.
9. Delivering an object to a member of the victim's family or household or an employer, coworker, or friend of the victim or placing an object on, or delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be delivered to the victim.
940.32(1)(ap)
(ap) "Domestic abuse offense" means an act of domestic abuse that constitutes a crime.
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 employee.
940.32(1)(cb)
(cb) "Member of a family" means a spouse, parent, child, sibling, or any other person who is related by blood or adoption to another.
940.32(1)(cd)
(cd) "Member of a household" means a person who regularly resides in the household of another or who within the previous 6 months regularly resided in the household of another.
940.32(2)
(2) Whoever meets all of the following criteria is guilty of a Class I felony:
Effective date note
NOTE: Sub. (2) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(2) Whoever meets all of the following criteria is guilty of a Class E felony:
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 under the same circumstances to fear bodily injury to or the death of himself or herself or a member of his or her family or household.
