Attorney's Note

Under the Wisconsin Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to 40 yearsup to $100,000
Class E felonyup to 15 yearsup to $50,000
Class F felonyup to 12 years 6 monthsup to $25,000
Class H felonyup to 6 yearsup to $10,000
Class I felonyup to 3 years 6 monthsup to $10,000
For details, see § 939.50

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Terms Used In Wisconsin Statutes 940.198

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
   (1)    Definitions. In this section:
      (a)    “Elder person” means any individual who is 60 years of age or older.
      (b)    “Recklessly” means conduct that creates a situation of unreasonable risk of harm to and demonstrates a conscious disregard for the safety of the elder person.
   (2)   Intentional causation of bodily harm.
940.198(2)(a)    (a) Whoever intentionally causes great bodily harm to an elder person is guilty of a Class C felony.
      (b)    Whoever intentionally causes bodily harm to an elder person is guilty of a Class H felony.
      (c)    Whoever intentionally causes bodily harm to an elder person under circumstances or conditions that are likely to produce great bodily harm is guilty of a Class F felony.
   (3)   Reckless causation of bodily harm.
940.198(3)(a)    (a) Whoever recklessly causes great bodily harm to an elder person is guilty of a Class E felony.
      (b)    Whoever recklessly causes bodily harm to an elder person is guilty of a Class I felony.
      (c)    Whoever recklessly causes bodily harm to an elder person under circumstances or conditions that are likely to produce great bodily harm is guilty of a Class H felony.
   (4)   Knowledge of age not required. This section applies irrespective of whether the defendant had actual knowledge of the victim’s age. A mistake regarding the victim’s age is not a defense to a prosecution under this section.