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)(a) In this subsection:
940.20(7)(a)1e. 1e. “Ambulance" has the meaning given in s. 256.01 (1t).
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)2d. 2d. “Emergency medical responder" has the meaning given in s. 256.01 (4p).
940.20(7)(a)2g. 2g. “Emergency medical services practitioner" has the meaning given in s. 256.01 (5).
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 services practitioner, an emergency medical 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 services practitioner, an emergency medical 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 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)(1)In this section:
940.201(1)(a) (a) “Family member" means a spouse, child, stepchild, foster child, parent, sibling, or grandchild.
940.201(1)(b) (b) “Witness" has the meaning given in s. 940.41 (3).
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 History History: 1997 a. 143; 2001 a. 109; 2009 a. 28.
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 an officer of the court or law enforcement officer.
940.203(1)(1)In this section:
940.203(1)(ac) (ac) “Attorney” means a legal professional practicing law, as defined in SCR 23.01.
940.203(1)(am) (am) “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, tribal judge, temporary or permanent reserve judge, or circuit, supplemental, or municipal court commissioner.
940.203(1)(c) (c) “Law enforcement officer" means any person who currently is or was employed by the state, by any political subdivision, or as a tribal law enforcement officer for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances the person is employed to enforce, whether that enforcement authority extends to all laws or ordinances or is limited to specific laws or ordinances.
940.203(1)(d) (d) “Prosecutor" means a person who currently is or formerly was any of the following:
940.203(1)(d)1. 1. A district attorney, a deputy district attorney, an assistant district attorney, or a special prosecutor appointed under s. 978.045 or 978.05 (8) (b).
940.203(1)(d)2. 2. The attorney general, a deputy attorney general, or an assistant attorney general.
940.203(1)(d)3. 3. A tribal prosecutor.
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(3) (3)Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of a current or former guardian ad litem, corporation counsel, or attorney under all of the following circumstances is guilty of a Class H felony:
940.203(3)(a) (a) At the time of the act or threat, the actor knows or should have known that the victim is a current or former guardian ad litem, corporation counsel, or attorney, or a member of the current or former guardian ad litem's, corporation counsel's, or attorney's family.
940.203(3)(b) (b) The act or threat is in response to an action taken by the current or former guardian ad litem, corporation counsel, or attorney in his or her official capacity in a proceeding under ch. 48, 51, 54, 55, 767, 813, or 938.
940.203(3)(c) (c) There is no consent by the person harmed or threatened.
940.203 History History: 1993 a. 50, 446; 2001 a. 61, 109; 2009 a. 28; 2015 a. 78; 2017 a. 272, 352.
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.
940.205 History History: 1985 a. 29; 1993 a. 446; 2001 a. 109; 2009 a. 28.
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.
940.208(3) (3)There is no consent by the victim.
940.208 History History: 2007 a. 193.
940.21 940.21 Mayhem. Whoever, with intent to disable or disfigure another, cuts or mutilates the tongue, eye, ear, nose, lip, limb or other bodily member of another is guilty of a Class C felony.
940.21 History History: 1977 c. 173; 2001 a. 109.
940.21 Annotation The forehead qualifies as an “other bodily member" under s. 940.21 because “other bodily member" encompasses all bodily parts. State v. Quintana, 2008 WI 33, 308 Wis. 2d 615, 748 N.W.2d 447, 06-0499.
940.21 Annotation Failure to instruct a jury that great bodily harm is an essential element of mayhem was reversible error. Cole v. Young, 817 F. 2d 412 (1987).
940.22 940.22 Sexual exploitation by therapist; duty to report.
940.22(1)(1)Definitions. In this section:
940.22(1)(a) (a) “Department" means the department of safety and professional services.
940.22(1)(b) (b) “Physician" has the meaning designated in s. 448.01 (5).
940.22(1)(c) (c) “Psychologist" means a person who practices psychology, as described in s. 455.01 (5).
940.22(1)(d) (d) “Psychotherapy" has the meaning designated in s. 455.01 (6).
940.22(1)(e) (e) “Record" means any document relating to the investigation, assessment and disposition of a report under this section.
940.22(1)(f) (f) “Reporter" means a therapist who reports suspected sexual contact between his or her patient or client and another therapist.
940.22(1)(g) (g) “Sexual contact" has the meaning designated in s. 940.225 (5) (b).
940.22(1)(h) (h) “Subject" means the therapist named in a report or record as being suspected of having sexual contact with a patient or client or who has been determined to have engaged in sexual contact with a patient or client.
940.22(1)(i) (i) “Therapist" means a physician, psychologist, social worker, marriage and family therapist, professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.
940.22(2) (2)Sexual contact prohibited. Any person who is or who holds himself or herself out to be a therapist and who intentionally has sexual contact with a patient or client during any ongoing therapist-patient or therapist-client relationship, regardless of whether it occurs during any treatment, consultation, interview or examination, is guilty of a Class F felony. Consent is not an issue in an action under this subsection.
940.22(3) (3)Reports of sexual contact.
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This is an archival version of the Wis. Stats. database for 2017. See Are the Statutes on this Website Official?