940.295(1)(hr)(hr) “Individual at risk” means an elder adult at risk or an adult at risk. 940.295(1)(km)(km) “Negligence” means an act, omission, or course of conduct that the actor should realize creates a substantial and unreasonable risk of death, great bodily harm, or bodily harm to another person. 940.295(1)(L)(L) “Patient” means any person who does any of the following: 940.295(1)(L)1.1. Receives care or treatment from a facility or program under sub. (2), from an employee of a facility or program or from a person providing services under contract with a facility or program. 940.295(1)(L)2.2. Arrives at a facility or program under sub. (2) for the purpose of receiving care or treatment from a facility or program under sub. (2), from an employee of a facility or program under sub. (2), or from a person providing services under contract with a facility or program under sub. (2). 940.295(1)(o)(o) “Recklessly” means conduct that creates a situation of unreasonable risk of death or harm to and demonstrates a conscious disregard for the safety of the patient or resident. 940.295(1)(p)(p) “Resident” means any person who resides in a facility under sub. (2). 940.295(2)(2) Applicability. This section applies to any of the following types of facilities or programs: 940.295(2)(j)(j) The Wisconsin Educational Services Program for the Deaf and Hard of Hearing under s. 115.52 and the Wisconsin Center for the Blind and Visually Impaired under s. 115.525. 940.295(2)(m)(m) A residential care center for children and youth operated by a child welfare agency licensed under s. 48.60 or an institution operated by a public agency for the care of neglected, dependent, or delinquent children. 940.295(2)(n)(n) Any other health facility or care-related facility or home, whether publicly or privately owned. 940.295(3)(a)(a) Any person in charge of or employed in any facility or program under sub. (2) who does any of the following, or who knowingly permits another person to do so, may be penalized under par. (b): 940.295(3)(a)1.1. Intentionally abuses or intentionally neglects a patient or resident. 940.295(3)(a)2.2. Recklessly abuses or recklessly neglects a patient or resident. 940.295(3)(a)3.3. Except as provided in par. (am), abuses, with negligence, or neglects a patient or a resident. 940.295(3)(am)(am) Paragraph (a) 3. does not apply to a health care provider acting in the scope of his or her practice or employment who commits an act or omission of mere inefficiency, unsatisfactory conduct, or failure in good performance as the result of inability, incapacity, inadvertency, ordinary negligence, or good faith error in judgment or discretion. 940.295(3)(b)1g.1g. Any person violating par. (a) 1. or 2. under circumstances that cause death to an individual at risk is guilty of a Class C felony. Any person violating par. (a) 3. under circumstances that cause death to an individual at risk is guilty of a Class D felony. 940.295(3)(b)1m.1m. Any person violating par. (a) under circumstances that cause great bodily harm to an individual at risk is guilty of a Class E felony. 940.295(3)(b)1r.1r. Except as provided in subd. 1m., any person violating par. (a) 1. under circumstances that cause great bodily harm is guilty of a Class F felony. Any person violating par. (a) 1. under circumstances that are likely to cause great bodily harm is guilty of a Class G felony. 940.295(3)(b)2.2. Any person violating par. (a) 1. under circumstances that cause bodily harm is guilty of a Class H felony. Any person violating par. (a) 1. under circumstances that are likely to cause bodily harm is guilty of a Class I felony. 940.295(3)(b)3.3. Except as provided in subd. 1m., any person violating par. (a) 2. or 3. under circumstances that cause great bodily harm is guilty of a Class H felony. Any person violating par. (a) 2. or 3. under circumstances that are likely to cause great bodily harm is guilty of a Class I felony. 940.295(3)(b)4.4. Any person violating par. (a) 2. or 3. under circumstances that cause or are likely to cause bodily harm is guilty of a Class A misdemeanor. 940.295(3)(b)5.5. Any person violating par. (a) 1., 2. or 3. under circumstances not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor. 940.295 AnnotationEvidence that residents suffered weight loss and bedsores was sufficient to support the conviction of a nursing home administrator for abuse of residents. State v. Serebin, 119 Wis. 2d 837, 350 N.W.2d 65 (1984). 940.295 AnnotationSection 50.135 (1), as incorporated in sub. (1) (i), requires that all of the specifically enumerated facilities must be places licensed or approved by the Department of Health and Family Services. A VA hospital is subject to federal regulation but is not licensed or regulated by the state and thus not within the definition of inpatient health care facility. State v. Powers, 2004 WI App 156, 276 Wis. 2d 107, 687 N.W.2d 50, 03-1514. 940.295 AnnotationSeeking Justice in Death’s Waiting Room: Barriers to Effectively Prosecuting Crime in Long-term Care Facilities. Hanrahan. Wis. Law. Aug. 2004.
940.295 AnnotationA Response: Issues Affecting Long-term Care. Purtell. Wis. Law. Oct. 2004.
940.30940.30 False imprisonment. Whoever intentionally confines or restrains another without the person’s consent and with knowledge that he or she has no lawful authority to do so is guilty of a Class H felony. 940.30 HistoryHistory: 1977 c. 173; 2001 a. 109. 940.30 AnnotationFalse imprisonment is not a lesser included offense of the crime of kidnapping. Geitner v. State, 59 Wis. 2d 128, 207 N.W.2d 837 (1973). 940.30 AnnotationA victim need only take advantage of reasonable means of escape; a victim need not expose himself or herself or others to danger in attempt to escape. State v. C.V.C., 153 Wis. 2d 145, 450 N.W.2d 463 (Ct. App. 1989). 940.30 AnnotationIn the context of false imprisonment, consent means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to be confined or restrained. Under the circumstances of this case, even if the jury did not believe that the victim said no, a reasonable jury could have determined beyond a reasonable doubt that the victim did not consent to the restraint. State v. Long, 2009 WI 36, 317 Wis. 2d 92, 765 N.W.2d 557, 07-2307. 940.302(1)(a)(a) “Commercial sex act” means any of the following for which anything of value is given to, promised, or received, directly or indirectly, by any person: 940.302(1)(a)3.b.b. Any other conduct done for the purpose of sexual humiliation, degradation, arousal, or gratification. 940.302(1)(b)(b) “Debt bondage” means the condition of a debtor arising from the debtor’s pledge of services as a security for debt if the reasonable value of those services is not applied toward repaying the debt or if the length and nature of the services are not defined. 940.302(1)(c)(c) “Services” means activities performed by one individual at the request, under the supervision, or for the benefit of another person. 940.302(1)(d)(d) “Trafficking” means recruiting, enticing, harboring, transporting, providing, or obtaining, or attempting to recruit, entice, harbor, transport, provide, or obtain, an individual. 940.302(2)(a)(a) Except as provided in s. 948.051, whoever knowingly engages in trafficking is guilty of a Class D felony if all of the following apply: 940.302(2)(a)2.b.b. Causing or threatening to cause financial harm to any individual. 940.302(2)(a)2.e.e. Destroying, concealing, removing, confiscating, or possessing, or threatening to destroy, conceal, remove, confiscate, or possess, any actual or purported passport or any other actual or purported official identification document of any individual. 940.302(2)(a)2.i.i. Controlling or threatening to control any individual’s access to an addictive controlled substance. 940.302(2)(a)2.j.j. Using any scheme, pattern, or other means to directly or indirectly coerce, threaten, or intimidate any individual. 940.302(2)(a)2.L.L. Causing or threatening to cause any individual to do any act against the individual’s will or without the individual’s consent. 940.302(2)(b)(b) Whoever benefits in any manner from a violation of par. (a) is guilty of a Class D felony if the person knows or reasonably should have known that the benefits come from or are derived from an act or scheme described in par. (a). 940.302(2)(c)(c) Whoever knowingly receives compensation from the earnings of debt bondage, a prostitute, or a commercial sex act, as described in sub. (1) (a) 1. and 2., is guilty of a Class F felony. 940.302(3)(3) Any person who incurs an injury or death as a result of a violation of sub. (2) may bring a civil action against the person who committed the violation. In addition to actual damages, the court may award punitive damages to the injured party, not to exceed treble the amount of actual damages incurred, and reasonable attorney fees. 940.302 HistoryHistory: 2007 a. 116; 2013 a. 362 ss. 27 to 33, 37. 940.302 AnnotationHalting Modern Slavery in the Midwest: The Potential of Wisconsin Act 116 to Improve the State and Federal Response to Human Trafficking. Ozalp. 2009 WLR 1391.
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