Badger Lawyer's Life & Bodily Security Chapter Listing
Click on a crime to see the statute and any comments the Badger might have.
940.01. First-degree intentional homicide
940.02. First-degree reckless homicide
940.03 Felony murder
940.04. Abortion
940.05. Second-degree intentional homicide
940.06. Second-degree reckless homicide
940.07. Homicide resulting from negligent control of vicious animal
940.08. Homicide by negligent handling of dangerous weapon, explosives or fire
940.09. Homicide by intoxicated use of vehicle or firearm
940.10. Homicide by negligent operation of vehicle
940.11. Mutilating or hiding a corpse
940.12. Assisting suicide
940.13. Abortion exception
940.15. Abortion
940.16. Partial-birth abortion
940.19. Battery; substantial battery; aggravated battery
940.195. Battery to an unborn child; substantial battery to an unborn child; aggravated battery to an unborn child
940.20. Battery: special circumstances
940.201. Battery or threat to witnesses
940.203. Battery or threat to judge
940.205. Battery or threat to department of revenue employee
940.207. Battery or threat to department of commerce or department of workforce development employee.
940.208. Battery to certain employees of counties, cities, villages, or towns
940.21. Mayhem
940.22. Sexual exploitation by therapist; duty to report
940.225. Sexual assault
940.23. Reckless injury
940.235. Strangulation and suffocation
940.24. Injury by negligent handling of dangerous weapon, explosives or fire
940.25. Injury by intoxicated use of a vehicle
940.285. Abuse of individuals at risk
940.29. Abuse of residents of penal facilities
940.291. Law enforcement officer; failure to render aid
940.295. Abuse and neglect of patients and residents
940.302. Human trafficking
940.305. Taking hostages
940.31. Kidnapping
940.32. Stalking
940.34. Duty to aid victim or report crime
940.35. False imprisonment
940.42. Intimidation of witnesses; misdemeanor
940.43. Intimidation of witnesses; felony
940.44. Intimidation of victims; misdemeanor
940.45. Intimidation of victims; felony
940.47. Court orders
940.01. First-degree intentional homicide
Whoever causes the death of another human being with intent to kill that person is guilty of first degree intentional homicide.
This statute applies to anyone who causes the death of an unborn child with intent to kill that unborn child or kill the woman who is pregnant with that unborn child.
It is a defense to first degree homicide (converting the crime to second degree) if the homicide was committed under the following circumstances:
(a) Adequate provocation. Death was caused under the influence of adequate provocation.
(b) Unnecessary defensive force. Death was caused because the actor believed he or she or another was in imminent danger of death or great bodily harm and that the force used was necessary to defend the endangered person, if either belief was unreasonable.
(c) Prevention of felony. Death was caused because the actor believed that the force used was necessary in the exercise of the privilege to prevent or terminate the commission of a felony, if that belief was unreasonable.
(d) Coercion; necessity. Death was caused in the exercise of a privilege under s. 939.45(1).
940.02. First-degree reckless homicideWhoever recklessly causes the death of another human being under circumstances which show utter disregard for human life is guilty of first degree reckless homicide. This applies also to anyone recklessly causes the death of an unborn child under circumstances that show utter disregard for the life of that unborn child or the woman who is pregnant with that unborn child.
It counts as first degree reckless homicide if the death of a person is caused under circumstances involved in the delivery of illegal drugs.
940.03 Felony murderWhoever causes the death of another human being while committing or attempting to commit a crime specified in s. 940.19, 940.195, 940.20, 940.201, 940.203, 940.225(1) or (2)(a), 940.30, 940.31, 943.02, 943.10(2), 943.23(1g), or 943.32(2) may be imprisoned for not more than 15 years in excess of the maximum term of imprisonment provided by law for that crime or attempt.
940.04. AbortionAny person, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony. This section does not apply to a therapeutic abortion. It is a Class E felony to destroy an unborn “quick” child (presumably capable of being born alive) or causes the death of the mother by an act done with intent to destroy the life of an unborn child. It is unnecessary to prove that the fetus was alive when the act so causing the mother's death was committed.
In this section "unborn child" means a human being from the time of conception until it is born alive.
940.05. Second-degree intentional homicideWhoever causes the death of another human being with intent to kill that person or another is guilty of a second degree intentional homicide if any of the mitigating circumstances for first degree intentional homicide are present (legally, not disproved by the state). This section applies to unborn children too. The mitigating circumstances specified for first degree are not defenses to prosecution for this offense.
940.06. Second-degree reckless homicideWhoever recklessly causes the death of another human being is guilty of a Class D felony.
Whoever recklessly causes the death of an unborn child is guilty of a Class D felony.
940.07. Homicide resulting from negligent control of vicious animalWhoever intentionally allows a vicious animal to kill a human being, is guilty of a Class G felony. It is a defense that the owner took precautions to control the animal, that the owner did not know the animal was vicious, or that the victim did not exercise appropriate caution.
940.08. Homicide by negligent handling of dangerous weapon, explosives or fireWhoever causes the death of another human being or unborn child by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class G felony.
940.09. Homicide by intoxicated use of vehicle or firearmSee also the discussion of this crime in the OWI section of this site.
Any person who causes the death of another (including unborn child) by the operation or handling of a vehicle while under the influence of an intoxicant is guilty of a Class C or D felony, depending on the number or prior convictions the person has.
Any person who causes the death of another (including unborn child) by the operation or handling of a firearm or airgun while under the influence of an intoxicant is guilty of a Class D felony.
It is a defense if the person proves by a preponderance of the evidence that the death would have occurred even if he or she had been exercising due care and had not been under the influence of an intoxicant.
940.10. Homicide by negligent operation of vehicleWhoever causes the death of another human being or unborn child by the negligent operation or handling of a vehicle is guilty of a Class G felony.
Badger Comment: Negligent in a criminal context usually means “gross negligence,” or conduct which is way outside the boundary of normal, careful behavior. Like driving 75 through a school zone.
940.11. Mutilating or hiding a corpseWhoever hides or buries, mutilates, disfigures or dismembers a corpse, with intent to conceal a crime or avoid apprehension, prosecution or conviction for a crime, is guilty of a Class F felony.
Whoever a corpse, with intent to conceal a crime or avoid apprehension, prosecution or conviction for a crime, is guilty of a Class G felony.
940.12. Assisting suicideWhoever with intent that another take his or her own life assists such person to commit suicide is guilty of a Class H felony.
940.13. Abortion exceptionNo 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.
940.15. AbortionWhoever 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.
"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.
This section 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.
Whoever intentionally performs an abortion and who is not a physician is guilty of a Class I felony.
This law does 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.
940.16. Partial-birth abortionWhoever intentionally performs a partial-birth abortion is guilty of a Class A felony (the same as first degree murder). It is a defense 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.
940.19. Battery; substantial battery; aggravated battery(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.
(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.
(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.
(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.
(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:
(a) If the person harmed is 62 years of age or older; or
(b) 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.
940.195. Battery to an unborn child; substantial battery to an unborn child; aggravated battery to an unborn child(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.
(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.
(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.
(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.
(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.
940.20. Battery: special circumstances(1) Battery by prisoners. Any prisoner confined to a state prison or other state, county or municipal detention facility who intentionally causes bodily harm 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.
(1g) Battery by certain committed persons. Any person placed in a facility under s. 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.
(1m) Battery by persons subject to certain injunctions. (a) Any person who is subject to an injunction under s. 813.12 or a tribal injunction filed under s. 806.247(3) 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.
(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.
(2) Battery to law enforcement officers, fire fighters, and commission wardens. Whoever intentionally causes bodily harm to a law enforcement officer or fire fighter, as those terms are defined in s. 102.475(8)(b) and (c), or to a commission warden, acting in an official capacity and the person knows or has reason to know that the victim is a law enforcement officer , fire fighter, or commission warden, by an act done without the consent of the person so injured, is guilty of a Class H felony.
(2m) Battery to probation, extended supervision and parole agents and aftercare agents. (a) In this subsection:
1. "Aftercare agent" means any person authorized by the department of corrections to exercise control over a juvenile on aftercare.(b) Whoever intentionally causes bodily harm to a probation, extended supervision and parole agent or an aftercare agent, acting in an official capacity and the person knows or has reason to know that the victim is a probation, extended supervision and parole agent or an aftercare agent, by an act done without the consent of the person so injured, is guilty of a Class H felony.
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.
(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.
(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.
(5) Battery to technical college district or school district officers and employees. (a) In this subsection:
1. "School district" has the meaning given in s. 115.01(3).(b) Whoever intentionally causes bodily harm to a technical college district or school district officer or employee acting in that capacity, and the person knows or has reason to know that the victim is a technical college district or school district officer or employee, without the consent of the person so injured, is guilty of a Class I felony.
2. "Technical college district" means a district established under ch. 38.
(6) Battery to public transit vehicle operator, driver or passenger. (a) In this subsection, "public transit vehicle" means any vehicle used for providing transportation service to the general public.
(b) Whoever intentionally causes bodily harm to another under any of the following circumstances is guilty of a Class I felony:
1. The harm occurs while the victim is an operator, a driver or a passenger of, in or on a public transit vehicle.(7) Battery to emergency medical care providers. (a) In this subsection:
2. The harm occurs after the offender forces or directs the victim to leave a public transit vehicle.
3. The harm occurs as the offender prevents, or attempts to prevent, the victim from gaining lawful access to a public transit vehicle.
1e. "Ambulance" has the meaning given in s. 256.01(1).
1g. "Emergency department" means a room or area in a hospital, as defined in s. 50.33(2), that is primarily used to provide emergency care, diagnosis or radiological treatment.
2. "Emergency department worker" means any of the following:
a. An employee of a hospital who works in an emergency department.2g. "Emergency medical technician" has the meaning given in s. 256.01(5).
b. A health care provider, whether or not employed by a hospital, who works in an emergency department.
2m. "First responder" has the meaning given in s. 256.01(9).
3. "Health care provider" means any person who is licensed, registered, permitted or certified by the department of health services or the department of regulation and licensing to provide health care services in this state.
(b) Whoever intentionally causes bodily harm to an emergency department worker, an emergency medical technician, a first responder or an ambulance driver who is acting in an official capacity and who the person knows or has reason to know is an emergency department worker, an emergency medical technician, a first responder or an ambulance driver, by an act done without the consent of the person so injured, is guilty of a Class H felony.
940.201. Battery or threat to witnesses(1) In this section:
(a) "Family member" means a spouse, child, stepchild, foster child, treatment foster child, parent, sibling or grandchild.(2) Whoever does any of the following is guilty of a Class H felony:
(b) "Witness" has the meaning given in s. 940.41 (3).
(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.
(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.
940.203. Battery or threat to judge(1) In this section:
(a) "Family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.(2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any judge under all of the following circumstances is guilty of a Class H felony:
(b) "Judge" means a supreme court justice, court of appeals judge, circuit court judge, municipal judge, temporary or permanent reserve, judge or circuit, supplemental, or municipal court commissioner.
(a) At the time of the act or threat, the actor knows or should have known that the victim is a judge or a member of his or her family.
(b) The judge 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.
(c) There is no consent by the person harmed or threatened.
940.205. Battery or threat to department of revenue employee(1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.
(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:
(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.
(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.
(c) There is no consent by the person harmed or threatened.
940.207. Battery or threat to department of commerce or department of workforce development employee.(1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.
(2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of commerce or department of workforce development official, employee or agent under all of the following circumstances is guilty of a Class H felony:
(a) At the time of the act or threat, the actor knows or should have known that the victim is a department of commerce or department of workforce development official, employee or agent or a member of his or her family.
(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.
(c) There is no consent by the person harmed or threatened.
940.208. Battery to certain employees of counties, cities, villages, or townsWhoever 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:
(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.
(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.
(2p) The enforcement or inspection complies with any law, ordinance, or rule, including any applicable notice requirement.
(3) There is no consent by the victim.
940.21. MayhemWhoever, 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.
940.22. Sexual exploitation by therapist; duty to reportSexual contact prohibited. Any person who is or who holds himself or herself out to be a therapist and who intentionally has sexual contact with a patient or client during any ongoing therapist-patient or therapist-client relationship, regardless of whether it occurs during any treatment, consultation, interview or examination, is guilty of a Class F felony. Consent is not an issue in an action under this subsection.
Reports of sexual contact. (a) If a therapist has reasonable cause to suspect that a patient or client he or she has seen in the course of professional duties is a victim of sexual contact by another therapist or a person who holds himself or herself out to be a therapist in violation of sub. (2), as soon thereafter as practicable the therapist shall ask the patient or client if he or she wants the therapist to make a report under this subsection. The therapist shall explain that the report need not identify the patient or client as the victim. If the patient or client wants the therapist to make the report, the patient or client shall provide the therapist with a written consent to the report and shall specify whether the patient's or client's identity will be included in the report. Whoever intentionally violates this subsection by failing to report as required is guilty of a Class A misdemeanor.
940.225. Sexual assault(1) First degree sexual assault. Whoever does any of the following is guilty of a Class B felony:
(a) Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person.(2) Second degree sexual assault. Whoever does any of the following is guilty of a Class C felony:
(b) Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon.
(c) Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.
(a) Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.(3) Third degree sexual assault. Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class G felony. Whoever has sexual contact in the manner described in sub. (5)(b)2. or 3. with a person without the consent of that person is guilty of a Class G felony.
(b) Has sexual contact or sexual intercourse with another person without consent of that person and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim.
(c) Has sexual contact or sexual intercourse with a person who suffers from a mental illness or deficiency which renders that person temporarily or permanently incapable of appraising the person's conduct, and the defendant knows of such condition.
(cm) Has sexual contact or sexual intercourse with a person who is under the influence of an intoxicant to a degree which renders that person incapable of giving consent if the defendant has actual knowledge that the person is incapable of giving consent and the defendant has the purpose to have sexual contact or sexual intercourse with the person while the person is incapable of giving consent.
(d) Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious.
(f) Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without the consent of that person.
(g) Is an employee of a facility or program under s. 940.295(2)(b), (c), (h) or (k) and has sexual contact or sexual intercourse with a person who is a patient or resident of the facility or program.
(h) Has sexual contact or sexual intercourse with an individual who is confined in a correctional institution if the actor is a correctional staff member. This paragraph does not apply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section.
(i) Has sexual contact or sexual intercourse with an individual who is on probation, parole, or extended supervision if the actor is a probation, parole, or extended supervision agent who supervises the individual, either directly or through a subordinate, in his or her capacity as a probation, parole, or extended supervision agent or who has influenced or has attempted to influence another probation, parole, or extended supervision agent's supervision of the individual. This paragraph does not apply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section.
(j) Is a licensee, employee, or nonclient resident of an entity, as defined in s. 48.685(1)(b) or 50.065(1)(c), and has sexual contact or sexual intercourse with a client of the entity.
(3m) Fourth degree sexual assault. Except as provided in sub. (3), whoever has sexual contact with a person without the consent of that person is guilty of a Class A misdemeanor.
(4) Consent. "Consent", as used in this section, means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. Consent is not an issue in alleged violations of sub. (2)(c), (cm), (d), (g), (h), and (i). The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s. 972.11(2):
(b) A person suffering from a mental illness or defect which impairs capacity to appraise personal conduct.
(c) A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
940.23. Reckless injuryWhoever recklessly causes great bodily harm to another human being (or unborn child) under circumstances which show utter disregard for human life is guilty of a Class D felony.
Whoever recklessly causes great bodily harm to another human being (or unborn child) is guilty of a Class F felony.
940.235. Strangulation and suffocation(1) Whoever intentionally impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person is guilty of a Class H felony.
(2) Whoever violates sub. (1) is guilty of a Class G felony if the actor has a previous conviction under this section or a previous conviction for a violent crime, as defined in s. 939.632(1)(e)1.
940.24. Injury by negligent handling of dangerous weapon, explosives or fire(1) Whoever causes bodily harm to another (incl. unborn child) by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class I felony.
940.25. Injury by intoxicated use of a vehicleSee also the discussion of this crime in the OWI section of this site.
Any person who causes great bodily harm to another human being (or unborn child) by the operation of a vehicle while under the influence of an intoxicant is guilty of a Class F felony.
940.285. Abuse of individuals at riskIt is a crime (the degree varies) to intentionally subject an individual at risk to abuse, to recklessly subject an individual at risk to abuse, or to negligently subjects an individual at risk to abuse. Depending on the harm, the penalty can be as high as a Class C felony or as low as a Class B misdemeanor.
940.29. Abuse of residents of penal facilitiesAny person in charge of or employed in a penal or correctional institution or other place of confinement who abuses, neglects or ill-treats any person confined in or a resident of any such institution or place or who knowingly permits another person to do so is guilty of a Class I felony.
940.291. Law enforcement officer; failure to render aid(1) Any peace officer, while acting in the course of employment or under the authority of employment, who intentionally fails to render or make arrangements for any necessary first aid for any person in his or her actual custody is guilty of a Class A misdemeanor if bodily harm results from the failure. This subsection applies whether the custody is lawful or unlawful and whether the custody is actual or constructive. A violation for intentionally failing to render first aid under this subsection applies only to first aid which the officer has the knowledge and ability to render.
(2) Any peace officer who knowingly permits another person to violate sub. (1), while acting in the course of employment or under the authority of employment, is guilty of a Class A misdemeanor.
940.295. Abuse and neglect of patients and residentsIt is a crime (the degree varies) to intentionally abuse or intentionally neglects a patient or resident, recklessly abuse or recklessly neglects a patient or resident, or abuse, with negligence, or neglects a patient or a resident. Depending on the harm, the penalty can be as high as a Class C felony or as low as a Class B misdemeanor.
940.30. False imprisonmentWhoever 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.
940.302. Human traffickingWhoever knowingly engages in human trafficking (which has a lot of definitions and is complicated to explain) is guilty of a Class D felony.
940.305. Taking hostagesWhoever by force or threat of imminent force seizes, confines or restrains a person without the person's consent and with the intent to use the person as a hostage in order to influence a person to perform or not to perform some action demanded by the actor is guilty of a Class B felony, or a Class C felony if, before the time of the actor's arrest, each person who is held as a hostage is released without bodily harm.
940.31. KidnappingKidnapping is a Class C felony where it is committed when a person:
- by force or threat of imminent force, carries another from one place to another without his or her consent and with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will; or
- by force or threat of imminent force, seizes or confines another without his or her consent and with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will; or
- by deceit induces another to go from one place to another with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will.
940.32. StalkingStalking is a very lengthy statute with a lot of technical definitions. It is easier to “know” stalking when you see it than it is to define it. That said, stalking is a Class I, H or F felony, depending on the severity of the stalking behavior, the harm to the victim, and the status of the victim and the stalkers (i.e., a repeat stalker stalking a child would get a more serious penalty). There are exceptions in the law for constitutionally protected activities, such as free speech.
940.34. Duty to aid victim or report crimeAny person who knows that a crime is being committed and that a victim is exposed to bodily harm shall summon law enforcement officers or other assistance or shall provide assistance to the victim.
Any person licensed as a private detective or granted a private security permit who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief.
Violation of this statute is a Class C misdemeanor.
940.42. Intimidation of witnesses; misdemeanorWhoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade any witness from attending or giving testimony at any trial, proceeding or inquiry authorized by law, is guilty of a Class A misdemeanor.
940.43. Intimidation of witnesses; felonyWhoever violates s. 940.42 under any of the following circumstances is guilty of a Class G felony:
(1) Where the act is accompanied by force or violence or attempted force or violence, upon the witness, or the spouse, child, stepchild, foster child, treatment foster child, parent, sibling or grandchild of the witness or any person sharing a common domicile with the witness.
(2) Where the act is accompanied by injury or damage to the real or personal property of any person covered under sub. (1).
(3) Where the act is accompanied by any express or implied threat of force, violence, injury or damage described in sub. (1) or (2).
(4) Where the act is in furtherance of any conspiracy.
(5) Where the act is committed by any person who has suffered any prior conviction for any violation under s. 943.30, 1979 stats., ss. 940. 42 to 940.45, or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45.
(6) Where the act is committed by any person for monetary gain or for any other consideration acting on the request of any other person. All parties to the transactions are guilty under this section.
(7) Where the act is committed by a person who is charged with a felony in connection with a trial, proceeding, or inquiry for that felony.<
940.44. Intimidation of victims; misdemeanorWhoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade, another person who has been the victim of any crime or who is acting on behalf of the victim from doing any of the following is guilty of a Class A misdemeanor:
(1) Making any report of the victimization to any peace officer or state, local or federal law enforcement or prosecuting agency, or to any judge.
(2) Causing a complaint, indictment or information to be sought and prosecuted and assisting in the prosecution thereof.
(3) Arresting or causing or seeking the arrest of any person in connection with the victimization.
940.45. Intimidation of victims; felonyWhoever violates s. 940.44 under any of the following circumstances is guilty of a Class G felony:
(1) Where the act is accompanied by force or violence or attempted force or violence, upon the victim, or the spouse, child, stepchild, foster child, treatment foster child, parent, sibling or grandchild of the victim or any person sharing a common domicile with the victim.
(2) Where the act is accompanied by injury or damage to the real or personal property of any person covered under sub. (1).
(3) Where the act is accompanied by any express or implied threat of force, violence, injury or damage described in sub. (1) or (2).
(4) Where the act is in furtherance of any conspiracy.
(5) Where the act is committed by any person who has suffered any prior conviction for any violation under s. 943.30, 1979 stats., ss. 940. 42 to 940.45, or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45.
(6) Where the act is committed by any person for monetary gain or for any other consideration acting on the request of any other person. All parties to the transactions are guilty under this section.
940.47. Court ordersAny court with jurisdiction over any criminal matter, upon substantial evidence, which may include hearsay or the declaration of the prosecutor, that knowing and malicious prevention or dissuasion of any person who is a victim or who is a witness has occurred or is reasonably likely to occur, may issue orders including but not limited to any of the following:
(1) An order that a defendant not violate ss. 940.42 to 940.45.
(2) An order that a person before the court other than a defendant, including, but not limited to, a subpoenaed witness or other person entering the courtroom of the court, not violate ss. 940.42 to 940.45.
(3) An order that any person described in sub. (1) or (2) maintain a prescribed geographic distance from any specified witness or victim.
(4) An order that any person described in sub. (1) or (2) have no communication with any specified witness or any victim, except through an attorney under such reasonable restrictions as the court may impose.
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