Wis. Stat. § 940.285
Abuse of individuals at risk
Redline — January 1, 2003 → current.View current text →
Current — January 1, 2007
As of January 1, 2003
(1) Definitions. In this section:
(a) "Developmentally disabled person" has the meaning specified in s. 55.01 (2) .
(b) "Infirmities of aging" has the meaning specified in s. 55.01 (3) .
(bm) "Maltreatment" includes any of the following conduct:
1. Conduct that causes or could reasonably be expected to cause bodily harm or great bodily harm.
2. Restraint, isolation or confinement that causes or could reasonably be expected to cause bodily harm or great bodily harm or mental or emotional damage, including harm to the vulnerable adult's psychological or intellectual functioning that is exhibited by severe anxiety, depression, withdrawal, regression or outward aggressive behavior or a combination of these behaviors. This subdivision does not apply to restraint, isolation or confinement by order of a court or other lawful authority.
3. 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.
(c) "Mental illness" has the meaning specified in s. 55.01 (4m) .
(d) "Other like incapacities" has the meaning specified in s. 55.01 (5) .
(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.
(e) "Vulnerable adult" means any person 18 years of age or older who either is a developmentally disabled person or has infirmities of aging, mental illness or other like incapacities and who is:
1. Substantially mentally incapable of providing for his or her needs for food, shelter, clothing or personal or health care; or
2. Unable to report cruel maltreatment without assistance.
(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) Maltreatment; 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 a vulnerable adult to maltreatment. 2. Recklessly subjects a vulnerable adult to maltreatment. 3. Negligently subjects a vulnerable adult to maltreatment. (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.
(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.
Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.