Chapter 940

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:

940.61(2)(a) (a) Battery by prisoners. The person who causes the bodily harm is a prisoner confined to a state prison, a jail, or any other state, county, or municipal detention facility and intentionally causes the bodily harm or a soft tissue injury to an officer, employee, visitor, or another inmate of such prison or institution.

940.61(2)(b) (b) Battery by certain detained or committed persons. The person who causes the bodily harm is placed in a facility under s. 980.04 or 980.065 and intentionally causes the bodily harm to an officer, employee, agent, visitor, or other resident of the facility.

940.61 History History: 2025 a. 24 ss. 15 to 18, 85; Stats. 2025 s. 940.61.

940.62 940.62 Battery; bodily harm caused to certain persons.

940.62(1) (1) Class I felony battery to certain 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 I felony if any of the following applies:

940.62(1)(a) (a) Battery to public officers. The person causes the 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.

940.62(1)(b) (b) Battery to certain employees of counties, cities, villages, or towns. The person causes the bodily harm to an employee of a county, city, village, or town under all of the following circumstances:

940.62(1)(b)1. 1. At the time of the act, the person knows or should know that the victim is an employee of a county, city, village, or town.

940.62(1)(b)2. 2. The victim is enforcing, or conducting an inspection for the purpose of enforcing, a state, county, city, village, or town zoning ordinance, building code, or other construction law, rule, standard, or plan at the time of the act or the act is in response to any such enforcement or inspection activity.

940.62(1)(b)3. 3. The enforcement or inspection complies with any law, ordinance, or rule, including any applicable notice requirement.

940.62(1)(c) (c) Battery to election officials, election registration officials, or clerks. The person causes the bodily harm to an election official, election registration official, county clerk, or municipal clerk who is acting in his or her official capacity if the person knows or has reason to know that the victim is an election official, election registration official, county clerk, or municipal clerk.

940.62(1)(d) (d) Battery to technical college district or school district officers and employees. The person causes the bodily harm to a technical college district or school district officer or employee acting in that capacity if the person knows or has reason to know that the victim is a technical college district or school district officer or employee.

940.62(1)(e) (e) Battery to public transit vehicle operator, driver or passenger. The person causes the bodily harm to another under any of the following circumstances:

940.62(1)(e)1. 1. The bodily harm occurs while the victim is an operator, a driver, or a passenger of, in or on, a public transit vehicle.

940.62(1)(e)2. 2. The bodily harm occurs after the offender forces or directs the victim to leave a public transit vehicle.

940.62(1)(e)3. 3. The bodily harm occurs as the offender prevents, or attempts to prevent, the victim from gaining lawful access to a public transit vehicle.

940.62(2) (2) Class H felony battery to certain 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:

940.62(2)(a) (a) Battery to certain individuals involved with a court or legal system. The person causes the bodily harm to the person or family member of any current or former judge, prosecutor, law enforcement officer, guardian ad litem, corporation counsel, advocate, attorney, witness, or grand or petit juror, or a person sharing a common domicile with a witness, under all of the following circumstances:

940.62(2)(a)1. 1. At the time of the act, the person knows or has reason to know that the victim is a judge, prosecutor, law enforcement officer, guardian ad litem, corporation counsel, advocate, attorney, witness, or grand or petit juror or a member of their family, or a person sharing a common domicile with a witness.

940.62(2)(a)2. 2. The act is in response to any action taken in an official capacity or in a legal proceeding.

940.62(2)(b) (b) Battery to probation, extended supervision, or parole agents, community supervision agents, and aftercare agents or their family members. The person causes the bodily harm to the person or family member of a probation, extended supervision, or parole agent, a community supervision agent, or an aftercare agent under all of the following circumstances:

940.62(2)(b)1. 1. At the time of the act, the person knows or has reason to know that the victim is a probation, extended supervision, or parole agent, a community supervision agent, or an aftercare agent, or a member of the agent’s family.

940.62(2)(b)2. 2. The act is in response to any action taken by the agent acting in an official capacity.

940.62(2)(c) (c) Battery to department of revenue, department of safety and professional services, or department of workforce development employees or their family members. The person causes the bodily harm to the person or family member of any department of revenue, department of safety and professional services, or department of workforce development official, employee, or agent under all of the following circumstances:

940.62(2)(c)1. 1. At the time of the act, the person knows or should have known that the victim is a department official, employee, or agent or a member of his or her family.

940.62(2)(c)2. 2. The official, employee, or agent is acting in an official capacity at the time of the act, or the act is in response to any action taken in an official capacity.

940.62(2)(d) (d) Battery to firefighters and commission wardens. The person causes the bodily harm to a firefighter or to a commission warden, acting in an official capacity, who the person knows or has reason to know is a firefighter or commission warden.

940.62(2)(e) (e) Battery to health care providers and staff or their family member. The person causes the bodily harm to a health care provider, to a person who works in a health care facility, or to a family member of a health care provider or a person who works in a health care facility under all of the following circumstances:

940.62(2)(e)1. 1. At the time of the act, the person knows or should have known that the victim is a health care provider or works or formerly worked in a health care facility or is a family member of the health care provider or person who works or formerly worked in a health care facility.

940.62(2)(e)2. 2. The act is in response to an action by the health care provider acting in his or her capacity as a health care provider, to an action occurring at the health care facility, or to an action by an official, employee, or agent of the health care facility acting in his or her official capacity.

940.62 History History: 2025 a. 24 ss. 19, 20, 27, 30, 31, 37, 38, 42, 43, 45, 60, 66 to 68, 72, 73, 77, 86; Stats. 2025 s. 940.62.

940.65 940.65 Battery to an unborn child; substantial battery to an unborn child; aggravated battery to an unborn child.

940.65(1) (1) Battery to an unborn child. 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.

940.65(2) (2) Substantial battery to an unborn child. 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.

940.65(3) (3) Aggravated battery to an unborn child.

940.65(3)(a) (a) 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.

940.65(3)(b) (b) 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.

940.65(3)(c) (c) 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.

940.65 History History: 1997 a. 295; 2001 a. 109; 2025 a. 24 ss. 7, 8, 87, 88, 89; Stats. 2025 s. 940.65.

940.66 940.66 Battery to an elder person.

940.66(1) (1) Recklessness. Notwithstanding s. 939.24, in this section, “recklessly” means conduct that creates a situation of unreasonable risk of harm to and demonstrates a conscious disregard for the safety of the elder person.

940.66(2) (2) Intentional causation of bodily harm.

940.66(2)(a) (a) Whoever intentionally causes great bodily harm to an elder person is guilty of a Class C felony.

940.66(2)(b) (b) Whoever intentionally causes bodily harm to an elder person is guilty of a Class H felony.

940.66(2)(c) (c) Whoever intentionally causes bodily harm to an elder person under circumstances or conditions that are likely to produce great bodily harm is guilty of a Class F felony.

940.66(3) (3) Reckless causation of bodily harm.

940.66(3)(a) (a) Whoever recklessly causes great bodily harm to an elder person is guilty of a Class E felony.

940.66(3)(b) (b) Whoever recklessly causes bodily harm to an elder person is guilty of a Class I felony.

940.66(3)(c) (c) Whoever recklessly causes bodily harm to an elder person under circumstances or conditions that are likely to produce great bodily harm is guilty of a Class H felony.