Chapter 940

940.44 940.44 Intimidation of victims; misdemeanor. Except as provided in s. 940.45, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade, another person who has been the victim of any crime or who is acting on behalf of the victim from doing any of the following is guilty of a Class A misdemeanor:

940.44(1) (1) Making any report of the victimization to any peace officer or state, local or federal law enforcement or prosecuting agency, or to any judge.

940.44(2) (2) Causing a complaint, indictment, or information to be sought or prosecuted, or assisting in the prosecution thereof.

940.44(3) (3) Arresting or causing or seeking the arrest of any person in connection with the victimization.

940.44 History History: 1981 c. 118; 2015 a. 14.

940.44 Annotation A jury instruction for a violation of this section should specify the underlying crime and that a defendant cannot be found guilty of intimidating a victim of a crime unless the elements of the underlying crime are proved beyond a reasonable doubt. State v. Thomas, 161 Wis. 2d 616, 468 N.W.2d 729 (Ct. App. 1991).

940.44 Annotation Acquittal on the underlying charge does not require acquittal on a charge under this section as the jury may have exercised its right to return a not guilty verdict irrespective of evidence on the underlying charge. State v. Thomas, 161 Wis. 2d 616, 468 N.W.2d 729 (Ct. App. 1991).

940.44 Annotation The disorderly conduct statute, s. 947.01, does not require a victim, but when the disorderly conduct is directed at a person, that person is the victim for the purpose of prosecuting the perpetrator for intimidating a victim under this section. State v. Vinje, 201 Wis. 2d 98, 548 N.W.2d 118 (Ct. App. 1996), 95-1484.

940.44 Annotation In the phrase “causing a complaint ... to be sought and prosecuted and assisting in the prosecution thereof” in sub. (2), “and” is read in the disjunctive. Sub. (2) includes alleged acts of intimidation that occur after a victim has caused a complaint to be sought and applies to all acts of intimidation that attempt to prevent or dissuade a crime victim from providing any one or more of the following forms of assistance to prosecutors: 1) causing a complaint, indictment, or information to be sought; 2) causing a complaint to be prosecuted; or, more generally, 3) assisting in a prosecution. State v. Freer, 2010 WI App 9, 323 Wis. 2d 29, 779 N.W.2d 12, 08-2233.

940.45 940.45 Intimidation of victims; felony. Whoever violates s. 940.44 under any of the following circumstances is guilty of a Class G felony:

940.45(1) (1) Where the act is accompanied by force or violence or attempted force or violence upon the victim, or the spouse, child, stepchild, foster child, parent, sibling, or grandchild of the victim, or any person sharing a common domicile with the victim.

940.45(2) (2) Where the act is accompanied by injury or damage to the real or personal property of any person covered under sub. (1).

940.45(3) (3) Where the act is accompanied by any express or implied threat of force, violence, injury or damage described in sub. (1) or (2).

940.45(4) (4) Where the act is in furtherance of any conspiracy.

940.45(5) (5) Where the act is committed by any person who has suffered any prior conviction for any violation under s. 943.30, 1979 stats., ss. 940.42 to 940.45, or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45.

940.45(6) (6) Where the act is committed by any person for monetary gain or for any other consideration acting on the request of any other person. All parties to the transactions are guilty under this section.

940.45(7) (7) Where the underlying crime is an act of domestic abuse, as defined in s. 968.075 (1) (a), that constitutes the commission of a crime or a crime that, following a conviction, is subject to the surcharge in s. 973.055.

940.45 History History: 1981 c. 118; 1997 a. 143; 2001 a. 109; 2007 a. 96; 2009 a. 28; 2019 a. 112.

940.46 940.46 Attempt prosecuted as completed act. Whoever attempts the commission of any act prohibited under ss. 940.42 to 940.45 is guilty of the offense attempted without regard to the success or failure of the attempt. The fact that no person was injured physically or in fact intimidated is not a defense against any prosecution under ss. 940.42 to 940.45.

940.46 History History: 1981 c. 118.

940.47 940.47 Court orders. Any court with jurisdiction over any criminal matter, upon substantial evidence, which may include hearsay or the declaration of the prosecutor, that knowing and malicious prevention or dissuasion of any person who is a victim or who is a witness has occurred or is reasonably likely to occur, may issue orders including but not limited to any of the following:

940.47(1) (1) An order that a defendant not violate ss. 940.42 to 940.45.

940.47(2) (2) An order that a person before the court other than a defendant, including, but not limited to, a subpoenaed witness or other person entering the courtroom of the court, not violate ss. 940.42 to 940.45.

940.47(3) (3) An order that any person described in sub. (1) or (2) maintain a prescribed geographic distance from any specified witness or victim.

940.47(4) (4) An order that any person described in sub. (1) or (2) have no communication with any specified witness or any victim, except through an attorney under such reasonable restrictions as the court may impose.

940.47 History History: 1981 c. 118.

940.48 940.48 Violation of court orders. Whoever violates an order issued under s. 940.47 may be punished as follows:

940.48(1) (1) If applicable, the person may be prosecuted under ss. 940.42 to 940.45.

940.48(2) (2) As a contempt of court under ch. 785. A finding of contempt is not a bar to prosecution under ss. 940.42 to 940.45, but:

940.48(2)(a) (a) Any person who commits a contempt of court is entitled to credit for any punishment imposed therefor against any sentence imposed on conviction under ss. 940.42 to 940.45; and

940.48(2)(b) (b) Any conviction or acquittal for any substantive offense under ss. 940.42 to 940.45 is a bar to subsequent punishment for contempt arising out of the same act.

940.48(3) (3) By the revocation of any form of pretrial release or forfeiture of bail and the issuance of a bench warrant for the defendant’s arrest or remanding the defendant to custody. After hearing and on substantial evidence, the revocation may be made whether the violation of order complained of has been committed by the defendant personally or was caused or encouraged to have been committed by the defendant.

940.48 History History: 1981 c. 118.

940.49 940.49 Pretrial release. Any pretrial release of any defendant whether on bail or under any other form of recognizance shall be deemed to include a condition that the defendant neither do, nor cause to be done, nor permit to be done on his or her behalf, any act proscribed by ss. 940.42 to 940.45 and any willful violation of the condition is subject to punishment as prescribed in s. 940.48 (3) whether or not the defendant was the subject of an order under s. 940.47.

940.49 History History: 1981 c. 118.

subch. III of ch. 940 SUBCHAPTER III

BODILY SECURITY; BATTERY

940.51 940.51 Definitions. In this subchapter:

940.51(1) (1) “Advocate” means an individual who is representing the interests of a child, the tribe, or another party in a tribal court proceeding.

940.51(2) (2) “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.

940.51(3) (3) “Attorney” means a legal professional practicing law, as defined in SCR 23.01.

940.51(4) (4) “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.

940.51(5) (5) “County clerk” has the meaning given in s. 5.02 (2).

940.51(6) (6) “Elder person” means any individual who is 60 years of age or older.

940.51(7) (7) “Election official” has the meaning given in s. 5.02 (4e).

940.51(8) (8) “Election registration official” has the meaning given in s. 5.02 (4g).

940.51(9) (9) “Exercise control” includes exercising control either directly or through a subordinate and includes transporting the individual.

940.51(10) (10) “Family member” means a spouse, child, stepchild, foster child, parent, legal guardian, sibling, grandparent, or grandchild.

940.51(11) (11) “Firefighter” has the meaning given in s. 102.475 (8) (b).

940.51(12) (12) “Health care facility” means any of the following:

940.51(12)(a) (a) A hospital, as defined in s. 50.33 (2).

940.51(12)(b) (b) A clinic, which is a location with the primary purpose of providing outpatient diagnosis, treatment, or management of health conditions.

940.51(12)(c) (c) A pharmacy that is licensed under s. 450.06.

940.51(12)(d) (d) An adult day care center, as defined in s. 49.45 (47) (a).

940.51(12)(e) (e) An adult family home, as defined in s. 50.01 (1).

940.51(12)(f) (f) A community-based residential facility, as defined in s. 50.01 (1g).

940.51(12)(g) (g) A residential care apartment complex, as defined in s. 50.01 (6d).

940.51(12)(h) (h) A nursing home, as defined in s. 50.01 (3).

940.51(12)(i) (i) 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.

940.51(12)(j) (j) An ambulatory surgical center, as defined in 42 CFR 416.2.

940.51(13) (13) “Health care provider” means any of the following:

940.51(13)(a) (a) A health care provider, as defined in s. 146.81 (1) (a) to (hp), (q), (r), or (s).

940.51(13)(b) (b) A radiographer or limited X-ray machine operator licensed or permitted under ch. 462.

940.51(13)(c) (c) A driver of an ambulance, as defined in s. 256.01 (1t).

940.51(14) (14) “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.

940.51(15) (15) “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.

940.51(16) (16) “Municipal clerk” has the meaning given in s. 5.02 (10).

940.51(17) (17) “Probation, extended supervision, or 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.

940.51(18) (18) “Prosecutor” means a person who currently is or formerly was any of the following:

940.51(18)(a) (a) 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).

940.51(18)(b) (b) The attorney general, a deputy attorney general, or an assistant attorney general.

940.51(18)(c) (c) A tribal prosecutor.

940.51(19) (19) “Public transit vehicle” means any vehicle used for providing transportation service to the general public.

940.51(20) (20) “School district” has the meaning given in s. 115.01 (3).

940.51(21) (21) “Soft tissue injury” has the meaning given in s. 946.41 (2) (c).

940.51(22) (22) “Technical college district” means a district established under ch. 38.

940.51(23) (23) “Witness” has the meaning given in s. 940.41 (3).

940.51 History History: 2025 a. 24 ss. 11, 22 to 26, 33 to 36, 40, 41, 44, 49, 53, 54, 56, 57, 58, 63, 64, 80.

940.60 940.60 Battery; substantial battery; aggravated battery. Except as provided in s. 940.61, 940.62, 940.65, or 940.66:

940.60(1) (1) Battery. Whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class A misdemeanor.

940.60(2) (2) Substantial battery. Whoever causes substantial bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class I felony.

940.60(3) (3) Aggravated battery.

940.60(3)(a) (a) Whoever causes great bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class H felony.

940.60(3)(b) (b) Whoever causes great bodily harm to another by an act done with intent to cause great bodily harm to that person or another is guilty of a Class E felony.

940.60(3)(c) (c) Whoever intentionally causes bodily harm to another by conduct that creates a substantial risk of great bodily harm is guilty of a Class H felony. A rebuttable presumption of conduct creating a substantial risk of great bodily harm arises 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.

940.60 History History: 1977 c. 173; 1979 c. 111, 113; 1987 a. 399; 1993 a. 441, 483; 2001 a. 109; 2021 a. 76; 2025 a. 24 ss. 5, 6, 81, 82, 83, 84; Stats. 2025 s. 940.60.

940.61 940.61 Battery; bodily harm caused by certain persons.

940.61(1) (1) Battery by persons subject to certain injunctions. A person who causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class I felony if the person who causes the bodily harm is subject to an injunction under s. 813.12 or 813.125 or a tribal injunction filed under s. 813.128 (3g) and causes the bodily harm to the petitioner who sought the injunction.

940.61(2) (2) Battery by prisoners or certain detained or committed persons. A person who causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class H felony if any of the following applies: