940.285(1)(ag)6.
6. 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)(dg)
(dg) "Individual at risk" means an elder adult at risk or an adult at risk.
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(1m)
(1m) Exception. Nothing in this section may be construed to mean that a vulnerable adult is abused solely because he or she consistently relies upon treatment by spiritual means through prayer for healing, in lieu of medical care, in accordance with his or her religious tradition.
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)(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.
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.
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.
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.
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.
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)(km)
(km) "Negligence" means an act, omission, or course of conduct that the actor should realize creates a substantial and unreasonable risk of death, great bodily harm, or bodily harm to another person.
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)(o)
(o) "Recklessly" means conduct that creates a situation of unreasonable risk of death or 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(2)
(2) Applicability. This section applies to any of the following types of facilities or programs:
940.295(2)(j)
(j) The Wisconsin Educational Services Program for the Deaf and Hard of Hearing under
s. 115.52 and the Wisconsin Center for the Blind and Visually Impaired under
s. 115.525.
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)(a)3.
3. Abuses, with negligence, or neglects a patient or a resident.
940.295(3)(b)1g.1g. Any person violating
par. (a) 1. or
2. under circumstances that cause death to an individual at risk is guilty of a Class C felony. Any person violating
par. (a) 3. under circumstances that cause death to an individual at risk is guilty of a Class D felony.
940.295(3)(b)1m.
1m. Any person violating
par. (a) under circumstances that cause great bodily harm to an individual at risk is guilty of a Class E 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.
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.
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.
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).
940.295 Annotation
Section 50.135 (1), as incorporated in sub. (1) (i), requires that all of the specifically enumerated facilities must be places licensed or approved by DHFS. A VA hospital is subject to federal regulation but is not licensed or regulated by the state and thus not within the definition of inpatient health care facility. State v. Powers, 2004 WI App 156,
276 Wis. 2d 107,
687 N.W.2d 50,
03-1514.
940.295 Annotation
Seeking Justice in Death's Waiting Room: Barriers to Effectively Prosecuting Crime in Long-term Care Facilities. Hanrahan. Wis. Law. Aug. 2004.
940.295 Annotation
A Response: Issues Affecting Long-term Care. Purtell. Wis. Law. Oct. 2004.
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.
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,
01-0738.
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.
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.
