DOC 373.09(1)(1) Mental incapacity. At the time of the conduct, the youth, as a result of mental disease or defect, lacked substantial capacity either to appreciate the wrongfulness of the conduct or to conform to the conduct rules.

DOC 373.09(2)(2) Involuntary intoxication. At the time of the conduct, the youth, as a result of involuntary intoxication, lacked substantial capacity either to appreciate the wrongfulness of the conduct or to conform to the conduct rules. This subsection does not afford a defense if the intoxicant was taken voluntarily, unless the intoxicant was taken consistent with a proper prescription.

DOC 373.09(3)(3) Mistake. The youth honestly erred and the error negates the existence of a state of mind essential to the conduct rule violation.

DOC 373.09(4)(4) Self-Defense. A youth may use the minimum amount of force necessary to prevent death or bodily injury to self or in defending a third person. A youth may not continue to exercise self-defense after an order by staff to stop. In determining whether the minimum force was used in exercising self-defense, staff shall consider:

DOC 373.09(4)(b)(b) The size of the youth invoking a self-defense claim in relation to the size of the aggressor.

DOC 373.09(4)(c)(c) The opportunity of the youth who claims self-defense to flee or to obtain assistance from staff.

DOC 373.09(5)(5) Orders. A youth may disobey a conduct rule when expressly authorized to disobey it by staff.

DOC 373.10DOC 373.10 Youth access to conduct rules.

DOC 373.10(1)(1) The superintendent shall provide youth with an orientation to department conduct rules as part of the assessment and evaluation of youth under s. DOC 371.05 (1) (d).

DOC 373.10(2)(2) The superintendent shall provide a youth with a written copy of the conduct rules.

DOC 373.10 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

DOC 373.12DOC 373.12 Lesser-included conduct rule violations. Certain prohibited acts have lesser-included acts associated with them. A youth alleged to have violated a conduct rule is also considered to have allegedly violated a lesser-included conduct rule. No youth may be found to have committed both an act and its lesser-included act based upon the same incident. Table 373-A lists the lesser-included conduct rule violations of each conduct rule violation.

DOC 373.14DOC 373.14 Causing the death of another. A youth may not intentionally, negligently or recklessly cause the death of another person.

DOC 373.15DOC 373.15 Sexual intercourse.

DOC 373.15(1)(1) In this section, “sexual intercourse” means any penetration, however slight, by the penis into the mouth, vagina, or anus of another person, or any penetration, however slight, by any part of the body or an object into the anus or vagina of another person.

DOC 373.16DOC 373.16 Sexual contact. A youth may not intentionally touch with a body part or an object any intimate part of another person, either directly or through clothing, or cause it to be touched by another with or without the consent of that person.

DOC 373.17DOC 373.17 Restraint of another. Unless authorized, a youth may not seize, restrain or confine another person.