Wisconsin Statutes 940.20 – Battery: special circumstances
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Wisconsin Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class H felony | up to 6 years | up to $10,000 |
| Class I felony | up to 3 years 6 months | up to $10,000 |
Terms Used In Wisconsin Statutes 940.20
- Fire fighter: includes a person serving under…. See Wisconsin Statutes 990.01
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Juror: A person who is on the jury.
- Officers: when applied to corporations include directors and trustees. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Verdict: The decision of a petit jury or a judge.
(1) Battery by prisoners. Any prisoner confined to a state prison or other state, county, or municipal detention facility who intentionally causes bodily harm or a soft tissue injury, as defined in s. 946.41 (2) (c), 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 detained or committed persons. Any person who is placed in a facility under s. 980.04 or 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. 813.128 (3g) 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 fire fighters and commission wardens. Whoever intentionally causes bodily harm to a fire fighter, as defined in s. 102.475 (8) (b), or to a commission warden, acting in an official capacity and the person knows or has reason to know that the victim is a 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, community supervision 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 or authorized by a federally recognized American Indian tribe or band to exercise control over a juvenile on aftercare or a comparable program that is authorized by the tribe or band.
1m. “Community supervision agent” means any person authorized by the department of corrections to exercise control over a juvenile on community supervision or authorized by a federally recognized American Indian tribe or band to exercise control over a juvenile on community supervision or a comparable program that is authorized by the tribe or band.
1o. “Exercise control” includes exercising control either directly or through a subordinate and includes transporting the individual.
1p. “Family member” means a spouse, child, stepchild, foster child, parent, sibling, or grandchild.
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 or authorized by a federally recognized American Indian tribe or band to exercise control over a probationer, parolee, or person on extended supervision or a comparable program that is authorized by the tribe or band.
(b) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of a probation, extended supervision, and parole agent, a community supervision agent, or an aftercare agent under all of the following circumstances is guilty of a Class H felony:
1. At the time of the act or threat, the actor knows or has reason to know that the victim is a probation, extended supervision, and parole agent, a community supervision agent, or an aftercare agent, or a member of the agent’s family.
2. The act or threat is in response to any action taken by the agent acting in an official capacity.
3. The act or threat is done without the consent of the person harmed or threatened.
(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.
(4m) Battery to election officials, election registration officials, or clerks.
940.20(4m)(a) (a) In this subsection:
1. “County clerk” has the meaning given in s. 5.02 (2).
2. “Election official” has the meaning given in s. 5.02 (4e).
3. “Election registration official” has the meaning given in s. 5.02 (4g).
4. “Municipal clerk” has the meaning given in s. 5.02 (10).
(b) Whoever intentionally causes bodily harm to an election official, election registration official, county clerk, or municipal clerk who is acting in his or her official capacity is guilty of a Class I felony if the person knows or has reason to know that the victim is an election official, election registration official, county clerk, or municipal clerk and the victim does not consent to the harm.
(5) Battery to technical college district or school district officers and employees.
940.20(5)(a) (a) In this subsection:
1. “School district” has the meaning given in s. 115.01 (3).
2. “Technical college district” means a district established under ch. 38.
(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.
(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.
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.