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 or a soft tissue injury, as defined in
s. 946.41 (2) (c), to an officer, employee, visitor, or another inmate of such prison or institution, without his or her consent, is guilty of a Class H felony.
940.20(1g)
(1g) Battery by certain committed persons. Any person placed in a facility under
s. 980.065 and who intentionally causes bodily harm to an officer, employee, agent, visitor, or other resident of the facility, without his or her consent, is guilty of a Class H 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. 813.128 (3g) 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 I 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 I felony.
940.20(2)
(2) Battery to fire fighters and commission wardens. Whoever intentionally causes bodily harm to a fire fighter, as defined in
s. 102.475 (8) (b), or to a commission warden, acting in an official capacity and the person knows or has reason to know that the victim is a fire fighter or commission warden, by an act done without the consent of the person so injured, is guilty of a Class H felony.
940.20(2m)
(2m) Battery to probation, extended supervision and parole agents, community supervision agents, and aftercare agents. Effective date note
NOTE: Sub. (2m) (title) is shown as amended eff. 7-1-17, or on the 2nd day after publication of the 2017-19 biennial budget act, whichever is later, by 2015 Wis. 55. Prior to that date it reads:
Effective date text
(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)1m.
1m. “Community supervision agent" means any person authorized by the department of corrections to exercise control over a juvenile on community supervision.
Effective date note
NOTE: Subd. 1m. is created eff. 7-1-17, or on the 2nd day after publication of the 2017-19 biennial budget act, whichever is later, by
2015 Wis. Act 55.
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, a community supervision 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, a community supervision agent, or an aftercare agent, by an act done without the consent of the person so injured, is guilty of a Class H felony.
Effective date note
NOTE: Par. (b) is shown as amended eff. 7-1-17, or on the 2nd day after publication of the 2017-19 biennial budget act, whichever is later, by
2015 Wis. Act 55. Prior to that date it reads:
Effective date text
(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 H 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 H 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 I 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 I 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 I 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 services or the department of safety and professional services 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 H felony.
940.20 History
History: 1977 c. 173;
1979 c. 30,
113,
221;
1981 c. 118 s.
9;
1983 a. 189 s.
329 (4);
1989 a. 336;
1993 a. 54,
164,
491;
1995 a. 27 s.
9126 (19);
1995 a. 77,
145,
225,
343;
1997 a. 35,
143,
283;
1999 a. 85;
2001 a. 109;
2005 a. 434;
2007 a. 20 s.
9121 (6) (a);
2007 a. 27,
130;
2011 a. 32,
74;
2015 a. 55,
78,
352.
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 (1972).
940.20 Annotation
A county deputy sheriff was not acting in an official capacity under s. 940.205 [now s. 940.20 (2)] when making an arrest outside of 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).
940.20 Annotation
There is no requirement under sub. (2) that the officer/victim be acting lawfully when he or she is hit by a defendant. When an officer was assaulted when doing something within the scope of what the officer was employed to do, the lawfulness of the officer's presence in the house where the defendant hit him was not material to a violation of sub. (2). State v. Haywood,
2009 WI App 178,
322 Wis. 2d 691,
777 N.W.2d 921,
09-0030.
940.201
940.201
Battery or threat to witnesses. 940.201(1)(a)
(a) “Family member" means a spouse, child, stepchild, foster child, parent, sibling, or grandchild.
940.201(2)
(2) Whoever does any of the following is guilty of a Class H 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 Annotation
Battery to a prospective witness is prohibited by s. 940.206 [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, prosecutor, or law enforcement officer. 940.203(1)(a)
(a) “Family member" means a parent, spouse, sibling, child, stepchild, or foster child.
940.203(1)(b)
(b) “Judge" means a person who currently is or who formerly was a supreme court justice, court of appeals judge, circuit court judge, municipal judge, temporary or permanent reserve, judge or circuit, supplemental, or municipal court commissioner.
940.203(1)(c)
(c) “Law enforcement officer" has the meaning given in
s. 102.475 (8) (c) and includes a person who formerly was a law enforcement officer under that definition.
940.203(1)(d)
(d) “Prosecutor" means a person who currently is or formerly was any of the following:
940.203(1)(d)2.
2. The attorney general, a deputy attorney general, or an assistant attorney general.
940.203(2)
(2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any judge, prosecutor, or law enforcement officer under all of the following circumstances is guilty of a Class H 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, prosecutor, or law enforcement officer or a member of the judge's, prosecutor's, or law enforcement officer's family.
940.203(2)(b)
(b) The act or threat is in response to any action taken by a judge, prosecutor, or law enforcement officer in an official capacity.
940.203(2)(c)
(c) There is no consent by the person harmed or threatened.
940.203 Annotation
Only a “true threat" is punishable under this section. A true threat is a statement that a speaker would reasonably foresee that a listener would reasonably interpret as a serious expression of a purpose to inflict harm, as distinguished from hyperbole, jest, innocuous talk, expressions of political views, or other similarly protected speech. It is not necessary that the speaker have the ability to carry out the threat. Jury instructions must contain a clear definition of a true threat. State v. Perkins,
2001 WI 46,
243 Wis. 2d 141,
626 N.W.2d 762,
99-1924.
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, or 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 H 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.
940.205(2)(c)
(c) There is no consent by the person harmed or threatened.
940.207
940.207
Battery or threat to department of safety and professional services or department of workforce development employee. 940.207(1)
(1) In this section, “family member" means a parent, spouse, sibling, child, stepchild, or foster child.
940.207(2)
(2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of safety and professional services or department of workforce development official, employee or agent under all of the following circumstances is guilty of a Class H felony:
940.207(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 safety and professional services or department of workforce development official, employee or agent or a member of his or her family.
940.207(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.
940.207(2)(c)
(c) There is no consent by the person harmed or threatened.
940.208
940.208
Battery to certain employees of counties, cities, villages, or towns. Whoever intentionally causes bodily harm to an employee of a county, city, village, or town under all of the following circumstances is guilty of a Class I felony:
940.208(1)
(1) At the time of the act, the actor knows or should know that the victim is an employee of a county, city, village, or town.
940.208(2)
(2) The victim is enforcing, or conducting an inspection for the purpose of enforcing, a state, county, city, village, or town zoning ordinance, building code, or other construction law, rule, standard, or plan at the time of the act or the act is in response to any such enforcement or inspection activity.
940.208(2p)
(2p) The enforcement or inspection complies with any law, ordinance, or rule, including any applicable notice requirement.
