940.19(6)(a)
(a) If the person harmed is 62 years of age or older; or
940.19(6)(b)
(b) If the person harmed has a physical disability, whether congenital or acquired by accident, injury or disease, that is discernible by an ordinary person viewing the physically disabled person, or that is actually known by the actor.
940.19 Annotation
Under the “elements only" test, offenses under subsections that require proof of nonconsent are not lesser included offenses of offenses under subsections for which proof of nonconsent is not required. State v. Richards,
123 Wis. 2d 1,
365 N.W.2d 7 (1985).
940.19 Annotation
First-degree reckless injury, s. 940.23 (1), is not a lesser included offense of aggravated battery. State v. Eastman,
185 Wis. 2d 405,
518 N.W.2d 257 (Ct. App. 1994).
940.19 Annotation
The act of throwing urine that strikes another and causes pain constitutes a battery. State v. Higgs,
230 Wis. 2d 1,
601 N.W.2d 653 (Ct. App. 1999),
98-1811.
940.19 Annotation
Section 941.20 (1), 1st-degree recklessly endangering safety, is not a lesser included offense of sub. (5), aggravated battery. State v. Dibble,
2002 WI App 219, 257 Wis. 2d. 274,
650 N.W.2d 908,
02-0538.
940.195
940.195
Battery to an unborn child; substantial battery to an unborn child; aggravated battery to an unborn child. 940.195(1)(1)
Whoever causes bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class A misdemeanor.
940.195(2)
(2) Whoever causes substantial bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class I felony.
940.195(4)
(4) Whoever causes great bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class H felony.
940.195(5)
(5) Whoever causes great bodily harm to an unborn child by an act done with intent to cause great bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class E felony.
940.195(6)
(6) Whoever intentionally causes bodily harm to an unborn child by conduct that creates a substantial risk of great bodily harm is guilty of a Class H felony.
940.195 History
History: 1997 a. 295;
2001 a. 109.
940.20
940.20
Battery: special circumstances. 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. 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.
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.
940.20(2r)(b)
(b) Whoever intentionally causes bodily harm to a nurse, or to an individual acting under the supervision of a nurse, who is acting in his or her professional capacity, and the actor knows or has reason to know that the victim is a nurse or an individual acting under the supervision of a nurse, by an act done without the consent of the individual 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 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 a health care provider who works in a hospital, 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 a health care provider who works in a hospital, 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 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;
2017 a. 12;
2019 a. 97.
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 an officer of the court or law enforcement officer. 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)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(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.
