940.61 Battery; bodily harm caused by certain persons. (1) BATTERY BY PERSONS SUBJECT TO CERTAIN INJUNCTIONS. A person who 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 I felony if the person who causes the bodily harm is subject to an injunction under s. 813.12 or 813.125 or a tribal injunction filed under s. 813.128 (3g) and causes the bodily harm to the petitioner who sought the injunction. (2) BATTERY BY PRISONERS OR CERTAIN DETAINED OR COMMITTED PERSONS. A person who 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 H felony if any of the following applies: (a) Battery by prisoners. The person who causes the bodily harm is a prisoner confined to a state prison, a jail, or any other state, county, or municipal detention facility and intentionally causes the bodily harm or a soft tissue injury to an officer, employee, visitor, or another inmate of such prison or institution. (b) Battery by certain detained or committed persons. The person who causes the bodily harm is placed in a facility under s. 980.04 or 980.065 and intentionally causes the bodily harm to an officer, employee, agent, visitor, or other resident of the facility. History: 2025 a. 24 ss. 15 to 18, 85; Stats. 2025 s. 940.61. A prisoner was “confined to a state prison” under former s. 940.20 (1), 1977
Updated 23-24 Wis. Stats.
18
stats., when kept under guard at a hospital for treatment. State v. Cummings, 153 Wis. 2d 603, 451 N.W.2d 463 (Ct. App. 1989). A defendant’s commitment to a mental institution upon a finding of not guilty by reason of mental disease or defect rendered the defendant a “prisoner” under former s. 940.20 (1), 1987 stats. State v. Skamfer, 176 Wis. 2d 304, 500 N.W.2d 369 (Ct. App. 1993). NOTE: The above annotations relate to battery statutes in effect prior to their recodification by 2025 Wis. Act 24.