Chapter 940

940.13 940.13 Abortion exception. No fine or imprisonment may be imposed or enforced against and no prosecution may be brought against a woman who obtains an abortion or otherwise violates any provision of any abortion statute with respect to her unborn child or fetus, and s. 939.05, 939.30 or 939.31 does not apply to a woman who obtains an abortion or otherwise violates any provision of any abortion statute with respect to her unborn child or fetus.

940.13 History History: 1985 a. 56.

940.15 940.15 Abortion.

940.15(1) (1) In this section, “viability” means that stage of fetal development when, in the medical judgment of the attending physician based on the particular facts of the case before him or her, there is a reasonable likelihood of sustained survival of the fetus outside the womb, with or without artificial support.

940.15(2) (2) Whoever intentionally performs an abortion after the fetus or unborn child reaches viability, as determined by reasonable medical judgment of the woman’s attending physician, is guilty of a Class I felony.

940.15(3) (3) Subsection (2) does not apply if the abortion is necessary to preserve the life or health of the woman, as determined by reasonable medical judgment of the woman’s attending physician.

940.15(4) (4) Any abortion performed under sub. (3) after viability of the fetus or unborn child, as determined by reasonable medical judgment of the woman’s attending physician, shall be performed in a hospital on an inpatient basis.

940.15(5) (5) Whoever intentionally performs an abortion and who is not a physician is guilty of a Class I felony.

940.15(6) (6) Any physician who intentionally performs an abortion under sub. (3) shall use that method of abortion which, of those he or she knows to be available, is in his or her medical judgment most likely to preserve the life and health of the fetus or unborn child. Nothing in this subsection requires a physician performing an abortion to employ a method of abortion which, in his or her medical judgment based on the particular facts of the case before him or her, would increase the risk to the woman. Any physician violating this subsection is guilty of a Class I felony.

940.15(7) (7) Subsections (2) to (6) and s. 939.05, 939.30 or 939.31 do not apply to a woman who obtains an abortion that is in violation of this section or otherwise violates this section with respect to her unborn child or fetus.

940.15 History History: 1985 a. 56; 2001 a. 109.

940.15 Annotation The constitution does not confer a right to abortion. Therefore, a rational-basis review is the appropriate standard for a constitutional challenge to abortion laws. A law regulating abortion, like other health and welfare laws, is entitled to a strong presumption of validity. It must be sustained if there is a rational basis on which the legislature could have thought that it would serve legitimate state interests. Dobbs v. Jackson Women’s Health Organization, 597 U.S. ___, 142 S. Ct. 2228, 213 L. Ed. 2d 545 (2022).

940.16 940.16 Partial-birth abortion.

940.16(1) (1) In this section:

940.16(1)(a) (a) “Child” means a human being from the time of fertilization until it is completely delivered from a pregnant woman.

940.16(1)(b) (b) “Partial-birth abortion” means an abortion in which a person partially vaginally delivers a living child, causes the death of the partially delivered child with the intent to kill the child, and then completes the delivery of the child.

940.16(2) (2) Except as provided in sub. (3), whoever intentionally performs a partial-birth abortion is guilty of a Class A felony.

940.16(3) (3) Subsection (2) does not apply if the partial-birth abortion is necessary to save the life of a woman whose life is endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical disorder, physical illness or physical injury caused by or arising from the pregnancy itself, and if no other medical procedure would suffice for that purpose.

940.16 History History: 1997 a. 219.

940.16 Annotation A Nebraska statute that provides that no partial birth abortion can be performed unless it is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury is unconstitutional. Stenberg v. Carhart, 530 U.S. 914, 120 S. Ct. 2597, 147 L. Ed. 2d 743 (2000). But see Dobbs v. Jackson Women’s Health Organization, 597 U.S. ___, 142 S. Ct. 2228, 213 L. Ed. 2d 545 (2022).

940.16 Annotation The constitution does not confer a right to abortion. Therefore, a rational-basis review is the appropriate standard for a constitutional challenge to abortion laws. A law regulating abortion, like other health and welfare laws, is entitled to a strong presumption of validity. It must be sustained if there is a rational basis on which the legislature could have thought that it would serve legitimate state interests. Dobbs v. Jackson Women’s Health Organization, 597 U.S. ___, 142 S. Ct. 2228, 213 L. Ed. 2d 545 (2022).

940.16 Annotation Enforcement of this section is enjoined under Carhart, 530 U.S. 914 (2000). Hope Clinic v. Ryan, 249 F.3d 603 (2001). But see Dobbs v. Jackson Women’s Health Organization, 597 U.S. ___, 142 S. Ct. 2228, 213 L. Ed. 2d 545 (2022).

subch. II of ch. 940 SUBCHAPTER II

BODILY SECURITY

940.19 940.19 Battery; substantial battery; aggravated battery.

940.19(1) (1) 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.

940.19(2) (2) 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.

940.19(4) (4) 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.

940.19(5) (5) 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.

940.19(6) (6) 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.

940.19 History History: 1977 c. 173; 1979 c. 111, 113; 1987 a. 399; 1993 a. 441, 483; 2001 a. 109; 2021 a. 76.

940.19 Annotation Under the “elements only” test, offenses under subsections that require proof of nonconsent are not lesser included offenses of offenses under subsections for which proof of nonconsent is not required. State v. Richards, 123 Wis. 2d 1, 365 N.W.2d 7 (1985).

940.19 Annotation Discussing “physical disability.” State v. Crowley, 143 Wis. 2d 324, 422 N.W.2d 847 (1988).

940.19 Annotation First-degree reckless injury, s. 940.23 (1), is not a lesser included offense of aggravated battery. State v. Eastman, 185 Wis. 2d 405, 518 N.W.2d 257 (Ct. App. 1994).

940.19 Annotation The act of throwing urine that strikes another and causes pain constitutes a battery. State v. Higgs, 230 Wis. 2d 1, 601 N.W.2d 653 (Ct. App. 1999), 98-1811.

940.19 Annotation Section 941.20 (1), first-degree recklessly endangering safety, is not a lesser included offense of sub. (5), aggravated battery. State v. Dibble, 2002 WI App 219, 257 Wis. 2d. 274, 650 N.W.2d 908, 02-0538.

940.195 940.195 Battery to an unborn child; substantial battery to an unborn child; aggravated battery to an unborn child.

940.195(1) (1) 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.

940.195(2) (2) 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.

940.195(4) (4) 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.

940.195(5) (5) 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.

940.195(6) (6) 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.

940.195 History History: 1997 a. 295; 2001 a. 109.

940.198 940.198 Physical abuse of an elder person.

940.198(1) (1) Definitions. In this section:

940.198(1)(a) (a) “Elder person” means any individual who is 60 years of age or older.

940.198(1)(b) (b) “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.

940.198(2) (2) Intentional causation of bodily harm.

940.198(2)(a) (a) Whoever intentionally causes great bodily harm to an elder person is guilty of a Class C felony.

940.198(2)(b) (b) Whoever intentionally causes bodily harm to an elder person is guilty of a Class H felony.

940.198(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.

940.198(3) (3) Reckless causation of bodily harm.

940.198(3)(a) (a) Whoever recklessly causes great bodily harm to an elder person is guilty of a Class E felony.

940.198(3)(b) (b) Whoever recklessly causes bodily harm to an elder person is guilty of a Class I felony.

940.198(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.

940.198(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.

940.198 History History: 2021 a. 76.

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.