A person who causes bodily harm to another, with the intent to cause bodily harm to that person or another and without the consent of the person harmed, is guilty of the crime of battery. Battery, sometimes referred to as “simple battery,” is a Class A misdemeanor.

A person who causes substantial bodily harm to another, with the intent to cause bodily harm to that person or another, is guilty of the crime of substantial battery. Substantial battery is a Class I felony.

A person who causes great bodily harm to another is guilty of aggravated battery. Aggravated battery is a Class H felony if the actor intended to cause bodily harm to that person or another and a Class E felony if the actor intended to cause great bodily harm to that person or another.

Additionally, a person who causes bodily harm to another by conduct that creates a substantial risk of great bodily harm is guilty of aggravated battery. Aggravated battery under these circumstances is a Class H felony.

Sections 940.20 to 940.208, stats.: Special circumstances battery

Under current law, simple battery (causing bodily harm with the intent to cause bodily harm and without the consent of the victim) may be elevated to a Class H felony or a Class I felony if the battery is committed by a particular class of persons or committed against a particular class of persons. These batteries, called “special circumstances” batteries, are codified in ss. 940.20 to 940.208, stats.

Section 940.20, stats., contains several of the special circumstances batteries, including those committed by a particular class of persons and some of the special circumstances batteries committed against certain classes of persons. Other special circumstances are codified in ss. 940.201 to 940.208, stats.

Sections 940.195 and 940.198, stats.: Battery, substantial battery, and aggravated

battery to an unborn child and physical abuse of an elder person

Under current law, a person who causes bodily harm, substantial bodily harm, or great bodily harm to an unborn child is subject to the same penalties as under s. 940.19, stats. The intent of the actor may be to cause harm to the unborn child, the mother of the unborn child, or another.

A person who intentionally or recklessly causes bodily harm to an elder person is subject to penalties ranging from a Class I felony to a Class C felony, depending on the degree of harm to the elder person and the intent of the actor.

This bill recodifies the battery statutes found in ss. 940.19 to 940.208, stats., by moving them into a newly created subchapter III, entitled “Bodily security; battery,” in ch. 940, stats. In doing so, the bill generally reorganizes the various crimes of battery by 1) who the actor is; and 2) who the person harmed is. The bill does not change the penalty for any crime within the battery statutes that exists under current law. The bill also makes several changes to the battery statutes:

1. The bill moves most of the definitions that are specifically for the battery statutes to the beginning of the new subchapter specifically created for the battery statutes.

2. The bill renumbers the special circumstances batteries to two separate statutes: the first statute codifies special circumstances batteries on the basis of the identity of the actor. For example, this first statute includes battery caused by persons subject to certain injunctions and battery by prisoners or certain detained or committed persons. The second statute codifies special circumstances batteries on the basis of the identity of the victim. For example, this second statute includes battery to certain individuals involved with a court or legal system. In each statute, the offenses are separated on the basis of whether the penalty is a Class H felony or Class I felony.

3. The bill expands the definition of “family member” to also include a “grandparent” or “legal guardian.”

4. The bill adds the term “jail” to the crime of bodily harm caused by prisoners to clarify that this type of facility is included in this crime.

5. The bill combines the various threats to commit a battery into one crime, entitled “Threatening to cause bodily harm,” and moves it to ch. 947, stats., relating to crimes against public peace, order, and other interests. This chapter contains other criminal threats (e.g., bomb scares, terrorist threats, harassment, etc.).

6. With respect to the crimes of “battery, substantial battery, and aggravated battery to an unborn child” and “physical abuse of an elder person,” ss. 940.195 and 940.198, stats., respectively, the bill does the following: 1) changes the titles of these crimes to be consistent with other titles used in the bill; 2) moves them into the newly created subchapter; and 3) otherwise retains the structure of these crimes in their own separate statutes.

7. At the end of the bill is a table of each statute that cross-references one or more battery statutes and is affected by the bill. The table lists both the cross-references to the old battery statute and the new provision recreated in the bill.

Note: This Section creates a new subsection entitled, “Post model language for health care facilities.” This subsection is placed in a section of statutes, s. 165.25, stats., that lists the duties of the Department of Justice (DOJ) because Section 70 moves language from the Criminal Code that requires DOJ to post certain language on its website to this list of duties. Specifically, Section 70 moves language that requires DOJ to post on its website model language relating to the penalties for causing bodily harm or threatening to cause bodily harm to a health care provider or staff to s. 165.25, stats.

AB121,3,54343.12 (7) (c) 9j. Physical abuse of Battery to an elder person under s. 940.198
5(2) 940.66 (2) or s. 940.198 (2), 2023 stats.

Note: Under current law, the Department of Transportation may not renew a school bus driver license endorsement if a person has been convicted of specified crimes, including “Physical abuse to an elder person.” This Section renumbers and changes the reference to this crime to “Battery to an elder person,” and renumbers this crime consistent with the changes made by this bill.