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Legal Statutes: Wisconsin

UPDATED August 7, 2017

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Subchapter II. Bodily Security

back to top940.285. Abuse of individuals at risk

(1) Definitions. In this section:

(ag) “Abuse” means any of the following:

1. Physical abuse, as defined in s. 46.90(1)(fg).

2. Emotional abuse, as defined in s. 46.90(1)(cm).

3. Sexual abuse, as defined in s. 46.90(1)(gd).

4. Treatment without consent, as defined in s. 46.90(1)(h).

5. Unreasonable confinement or restraint, as defined in s. 46.90(1)(i).

6. Deprivation of a basic need for food, shelter, clothing, or personal or health care, including deprivation resulting from the failure to provide or arrange for a basic need by a person who has assumed responsibility for meeting the need voluntarily or by contract, agreement, or court order.

(am) “Adult at risk” has the meaning given in s. 55.01(1e).

(dc) “Elder adult at risk” has the meaning given in s. 46.90(1)(br).

(dg) “Individual at risk” means an elder adult at risk or an adult at risk.

(dm) “Recklessly” means conduct that creates a situation of unreasonable risk of harm and demonstrates a conscious disregard for the safety of the vulnerable adult.

(1m) Exception. Nothing in this section may be construed to mean that an individual at risk is abused solely because he or she consistently relies upon treatment by spiritual means through prayer for healing, in lieu of medical care, in accordance with his or her religious tradition.

(2) Abuse; penalties. (a) Any person, other than a person in charge of or employed in a facility under s. 940.29 or in a facility or program under s. 940.295(2), who does any of the following may be penalized under par. (b):

1. Intentionally subjects an individual at risk to abuse.

2. Recklessly subjects an individual at risk to abuse.

3. Negligently subjects an individual at risk to abuse.

(b)1g. Any person violating par. (a)1. or 2. under circumstances that cause death is guilty of a Class C felony. Any person violating par. (a)3. under circumstances that cause death is guilty of a Class D felony.

1m. Any person violating par. (a) under circumstances that cause great bodily harm is guilty of a Class F felony.

1r. Any person violating par. (a)1. under circumstances that are likely to cause great bodily harm is guilty of a Class G 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.

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.

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.

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.

1985 Act 306, § 4, eff. May 7, 1986. 1993 Act 445, §§ 73 to 76, eff. May 12, 1994 . 1997 Act 180, §§ 2 to 8, eff. May 12, 1998 . 2001 Act 109, §§ 641 to 645, eff. Feb. 1, 2003 . 2005 Act 264, §§ 222 to 224, eff. Nov. 1, 2006 . 2005 Act 388, §§ 217 to 228, eff. Dec. 1, 2006 . 2007 Act 45, § 168, eff. Feb. 1, 2008 .