Chapter 940

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 detained or committed persons. Any person who is placed in a facility under s. 980.04 or 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) (a) In this subsection:

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 or authorized by a federally recognized American Indian tribe or band to exercise control over a juvenile on aftercare or a comparable program that is authorized by the tribe or band.

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 or authorized by a federally recognized American Indian tribe or band to exercise control over a juvenile on community supervision or a comparable program that is authorized by the tribe or band.

940.20(2m)(a)1o. 1o. “Exercise control” includes exercising control either directly or through a subordinate and includes transporting the individual.

940.20(2m)(a)1p. 1p. “Family member” means a spouse, child, stepchild, foster child, parent, sibling, or grandchild.

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 or authorized by a federally recognized American Indian tribe or band to exercise control over a probationer, parolee, or person on extended supervision or a comparable program that is authorized by the tribe or band.

940.20(2m)(b) (b) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of a probation, extended supervision, and parole agent, a community supervision agent, or an aftercare agent under all of the following circumstances is guilty of a Class H felony:

940.20(2m)(b)1. 1. At the time of the act or threat, the actor 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, or a member of the agent’s family.

940.20(2m)(b)2. 2. The act or threat is in response to any action taken by the agent acting in an official capacity.

940.20(2m)(b)3. 3. The act or threat is done without the consent of the person harmed or threatened.

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(4m) (4m) Battery to election officials, election registration officials, or clerks.

940.20(4m)(a) (a) In this subsection:

940.20(4m)(a)1. 1. “County clerk” has the meaning given in s. 5.02 (2).

940.20(4m)(a)2. 2. “Election official” has the meaning given in s. 5.02 (4e).

940.20(4m)(a)3. 3. “Election registration official” has the meaning given in s. 5.02 (4g).

940.20(4m)(a)4. 4. “Municipal clerk” has the meaning given in s. 5.02 (10).

940.20(4m)(b) (b) Whoever intentionally causes bodily harm to an election official, election registration official, county clerk, or municipal clerk who is acting in his or her official capacity is guilty of a Class I felony if the person knows or has reason to know that the victim is an election official, election registration official, county clerk, or municipal clerk and the victim does not consent to the harm.

Effective date note NOTE: Sub. (4m) is created eff. 7-1-25 by 2023 Wis. Act 126.

940.20(5) (5) Battery to technical college district or school district officers and employees.

940.20(5)(a) (a) In this subsection:

940.20(5)(a)1. 1. “School district” has the meaning given in s. 115.01 (3).

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 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; 2021 a. 13, 187, 209; 2023 a. 126; s. 35.17 correction in (2m) (a) 2., (b) 1.

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 sub. (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 the defendant a “prisoner” under sub. (1). State v. Skamfer, 176 Wis. 2d 304, 500 N.W.2d 369 (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 this section]. 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)(ab) (ab) “Advocate” means an individual who is representing the interests of a child, the tribe, or another party in a tribal court proceeding.

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” has the meaning given in s. 165.85 (2) (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)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, advocate, 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, advocate, or attorney, or a member of the current or former guardian ad litem’s, corporation counsel’s, advocate’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, advocate, or attorney in his or her official capacity in a proceeding under ch. 48, 51, 54, 55, 767, 813, or 938 or in a similar proceeding in a tribal court.

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; 2021 a. 82, 191.

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. But see Counterman v. Colorado, 600 U.S. ___, 143 S. Ct. 2106, 216 L. Ed. 2d 775 (2023).

940.204 940.204 Battery or threat to health care providers and staff.

940.204(1) (1) In this section:

940.204(1)(a) (a) “Family member” means a parent, spouse, sibling, child, stepchild, or foster child.

940.204(1)(b) (b) “Health care facility” means any of the following:

940.204(1)(b)1. 1. A hospital, as defined in s. 50.33 (2).

940.204(1)(b)2. 2. A clinic, which is a location with the primary purpose of providing outpatient diagnosis, treatment, or management of health conditions.

940.204(1)(b)3. 3. A pharmacy that is licensed under s. 450.06.

940.204(1)(b)4. 4. An adult day care center, as defined in s. 49.45 (47) (a).

940.204(1)(b)5. 5. An adult family home, as defined in s. 50.01 (1).

940.204(1)(b)6. 6. A community-based residential facility, as defined in s. 50.01 (1g).

940.204(1)(b)7. 7. A residential care apartment complex, as defined in s. 50.01 (6d).

940.204(1)(b)8. 8. A nursing home, as defined in s. 50.01 (3).

940.204(1)(b)9. 9. A mental health or substance use disorder facility, which is a location that provides diagnosis, treatment, or management of mental health or substance use disorders.

940.204(1)(b)10. 10. An ambulatory surgical center, as defined in 42 CFR 416.2.