Chapter 940

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.

940.66(4) (4) Knowledge of age not required. This section applies irrespective of whether the defendant had actual knowledge of the victim’s age. A mistake regarding the victim’s age is not a defense to a prosecution under this section.

940.66 History History: 2021 a. 76; 2025 a. 24 ss. 9, 12, 13; Stats. 2025 s. 940.66.