Wisconsin Statutes 940.204 – Battery or threat to health care providers and staff
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 |
Terms Used In Wisconsin Statutes 940.204
- Adult: means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained the age of 17 years. 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
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(1) In this section:
(a) “Family member” means a parent, spouse, sibling, child, stepchild, or foster child.
(b) “Health care facility” means any of the following:
1. A hospital, as defined in s. 50.33 (2).
2. A clinic, which is a location with the primary purpose of providing outpatient diagnosis, treatment, or management of health conditions.
3. A pharmacy that is licensed under s. 450.06.
4. An adult day care center, as defined in s. 49.45 (47) (a).
5. An adult family home, as defined in s. 50.01 (1).
6. A community-based residential facility, as defined in s. 50.01 (1g).
7. A residential care apartment complex, as defined in s. 50.01 (6d).
8. A nursing home, as defined in s. 50.01 (3).
9. A mental health or substance use disorder facility, which is a location that provides diagnosis, treatment, or management of mental health or substance use disorders.
10. An ambulatory surgical center, as defined in 42 C.F.R. 416.2.
(c) “Health care provider” means any of the following:
2. A radiographer or limited X-ray machine operator licensed or permitted under ch. 462.
3. A driver of an ambulance, as defined in s. 256.01 (1t).
(2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to a person who works in a health care facility or to a family member of a person who works in a health care facility 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 works or formerly worked in a health care facility or is a family member of the person who works or formerly worked in a health care facility.
(b) The act or threat is in response to an action occurring at the health care facility or an action by an official, employee, or agent of the health care facility acting in his or her official capacity.
(c) There is no consent by the person harmed or threatened.
(3) Whoever intentionally causes bodily harm or threatens to cause bodily harm to a health care provider or to a family member of a health care provider 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 health care provider or is a family member of a health care provider.
(b) The act or threat is in response to an action by the health care provider acting in his or her capacity as a health care provider.
(c) There is no consent by the person harmed or threatened.
(4) The department of justice shall post on its website model language that health care facilities may post at their entrances alerting persons to the penalties under this section.