Chapter 940

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.

940.204(1)(c) (c) “Health care provider” means any of the following:

940.204(1)(c)1. 1. A health care provider, as defined in s. 146.81 (1) (a) to (hp), (q), (r), or (s).

940.204(1)(c)2. 2. A radiographer or limited X-ray machine operator licensed or permitted under ch. 462.

940.204(1)(c)3. 3. A driver of an ambulance, as defined in s. 256.01 (1t).

940.204(2) (2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to a person who works in a health care facility or to a family member of a person who works in a health care facility under all of the following circumstances is guilty of a Class H felony:

940.204(2)(a) (a) At the time of the act or threat, the actor knows or should have known that the victim works or formerly worked in a health care facility or is a family member of the person who works or formerly worked in a health care facility.

940.204(2)(b) (b) The act or threat is in response to an action occurring at the health care facility or an action by an official, employee, or agent of the health care facility acting in his or her official capacity.

940.204(2)(c) (c) There is no consent by the person harmed or threatened.

940.204(3) (3) Whoever intentionally causes bodily harm or threatens to cause bodily harm to a health care provider or to a family member of a health care provider under all of the following circumstances is guilty of a Class H felony:

940.204(3)(a) (a) At the time of the act or threat, the actor knows or should have known that the victim is a health care provider or is a family member of a health care provider.

940.204(3)(b) (b) The act or threat is in response to an action by the health care provider acting in his or her capacity as a health care provider.

940.204(3)(c) (c) There is no consent by the person harmed or threatened.

940.204(4) (4) The department of justice shall post on its website model language that health care facilities may post at their entrances alerting persons to the penalties under this section.

940.204 History History: 2021 a. 209; s. 35.17 correction in (1) (b) 4., (c) 1., (4).

940.205 940.205 Battery or threat to department of revenue employee.

940.205(1) (1) In this section, “family member” means a parent, spouse, sibling, child, stepchild, or foster child.

940.205(2) (2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of revenue official, employee or agent under all of the following circumstances is guilty of a Class H felony:

940.205(2)(a) (a) At the time of the act or threat, the actor knows or should have known that the victim is a department of revenue official, employee or agent or a member of his or her family.

940.205(2)(b) (b) The official, employee or agent is acting in an official capacity at the time of the act or threat or the act or threat is in response to any action taken in an official capacity.

940.205(2)(c) (c) There is no consent by the person harmed or threatened.

940.205 History History: 1985 a. 29; 1993 a. 446; 2001 a. 109; 2009 a. 28.

940.207 940.207 Battery or threat to department of safety and professional services or department of workforce development employee.

940.207(1) (1) In this section, “family member” means a parent, spouse, sibling, child, stepchild, or foster child.

940.207(2) (2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of safety and professional services or department of workforce development official, employee or agent under all of the following circumstances is guilty of a Class H felony:

940.207(2)(a) (a) At the time of the act or threat, the actor knows or should have known that the victim is a department of safety and professional services or department of workforce development official, employee or agent or a member of his or her family.

940.207(2)(b) (b) The official, employee or agent is acting in an official capacity at the time of the act or threat or the act or threat is in response to any action taken in an official capacity.

940.207(2)(c) (c) There is no consent by the person harmed or threatened.

940.207 History History: 1993 a. 86, 446; 1995 a. 27 ss. 7227 to 7229, 9116 (5), 9130 (4); 1997 a. 3; 2001 a. 109; 2009 a. 28; 2011 a. 32.

940.208 940.208 Battery to certain employees of counties, cities, villages, or towns. Whoever intentionally causes bodily harm to an employee of a county, city, village, or town under all of the following circumstances is guilty of a Class I felony:

940.208(1) (1) At the time of the act, the actor knows or should know that the victim is an employee of a county, city, village, or town.

940.208(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.

940.208(2p) (2p) The enforcement or inspection complies with any law, ordinance, or rule, including any applicable notice requirement.

940.208(3) (3) There is no consent by the victim.

940.208 History History: 2007 a. 193.

940.21 940.21 Mayhem. Whoever, with intent to disable or disfigure another, cuts or mutilates the tongue, eye, ear, nose, lip, limb or other bodily member of another is guilty of a Class C felony.

940.21 History History: 1977 c. 173; 2001 a. 109.

940.21 Annotation The forehead qualifies as an “other bodily member” under this section because “other bodily member” encompasses all bodily parts. State v. Quintana, 2008 WI 33, 308 Wis. 2d 615, 748 N.W.2d 447, 06-0499.

940.21 Annotation Failure to instruct a jury that great bodily harm is an essential element of mayhem was reversible error. Cole v. Young, 817 F. 2d 412 (1987).

940.22 940.22 Sexual exploitation by therapist; duty to report.

940.22(1) (1) Definitions. In this section: