Chapter 940, CRIMES AGAINST LIFE AND BODILY SECURITY

940.01 First-degree intentional homicide. (1) OFFENSES. (a) Except as provided in sub. (2), whoever causes the death of another human being with intent to kill that person or another is guilty of a Class A felony. (b) Except as provided in sub. (2), whoever causes the death of an…

940.02 First-degree reckless homicide. (1) Whoever recklessly causes the death of another human being under circumstances which show utter disregard for human life is guilty of a Class B felony. (1m) Whoever recklessly causes the death of an unborn child under circumstances that …

940.03 Felony murder. Whoever causes the death of another human being while committing or attempting to commit a crime specified in s. 940.225 (1) or (2) (a), 940.30, 940.31, 940.60, 940.61, 940.62, 940.65, 943.02, 943.10 (2), 943.231 (1), 943.32 (2), or 947.016 (1), (2), or (3) …

940.04 Abortion. (1) Any person, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony. NOTE: The Wisconsin Supreme Court held in Kaul v. Urmanski, 2025 WI 32, that the legislature impliedly repealed sub. (1) as to abortion an…

940.05 Second-degree intentional homicide. (1) Whoever causes the death of another human being with intent to kill that person or another is guilty of a Class B felony if: (a) In prosecutions under s. 940.01, the state fails to prove beyond a reasonable doubt that the mitigating …

940.06 Second-degree reckless homicide. (1) Whoever recklessly causes the death of another human being is guilty of a Class D felony. (2) Whoever recklessly causes the death of an unborn child is guilty of a Class D felony. History: 1987 a. 399; 1997 a. 295; 2001 a. 109. Judicial…

940.07 Homicide resulting from negligent control of vicious animal. Whoever knowing the vicious propensities of any animal intentionally allows it to go at large or keeps it without ordinary care, if such animal, while so at large or not confined, kills any human being who has ta…

940.08 Homicide by negligent handling of dangerous weapon, explosives or fire. (1) Except as provided in sub. (3), whoever causes the death of another human being by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class G felony. (2) W…

940.09 Homicide by intoxicated use of vehicle or firearm. (1) Any person who does any of the following may be penalized as provided in sub. (1c): (a) Causes the death of another by the operation or handling of a vehicle while under the influence of an intoxicant. (am) Causes the …

940.10 Homicide by negligent operation of vehicle. (1) Whoever causes the death of another human being by the negligent operation or handling of a vehicle is guilty of a Class G felony. (2) Whoever causes the death of an unborn child by the negligent operation or handling of a ve…

940.11 Mutilating or hiding a corpse. (1) Whoever mutilates, disfigures or dismembers a corpse, with intent to conceal a crime or avoid apprehension, prosecution or conviction for a crime, is guilty of a Class F felony. (2) Whoever hides or buries a corpse, with intent to conceal…

940.12 Assisting suicide. Whoever with intent that another take his or her own life assists such person to commit suicide is guilty of a Class H felony. History: 1977 c. 173; 2001 a. 109.

940.13 Abortion exception. No fine or imprisonment may be imposed or enforced against and no prosecution may be brought against a woman who obtains an abortion or otherwise violates any provision of any abortion statute with respect to her unborn child or fetus, and s. 939.05, 93…

940.15 Abortion. (1) In this section, “viability” means that stage of fetal development when, in the medical judgment of the attending physician based on the particular facts of the case before him or her, there is a reasonable likelihood of sustained survival of the fetus outsid…

940.16 Partial-birth abortion. (1) In this section: (a) “Child” means a human being from the time of fertilization until it is completely delivered from a pregnant woman. (b) “Partial-birth abortion” means an abortion in which a person partially vaginally delivers a living child,…

940.21 Mayhem. Whoever, with intent to disable or disfigure another, cuts or mutilates the tongue, eye, ear, nose, lip, limb or other bodily member of another is guilty of a Class C felony. History: 1977 c. 173; 2001 a. 109. The forehead qualifies as an “other bodily member” unde…

940.22 Sexual exploitation by therapist; duty to report. (1) DEFINITIONS. In this section: (a) “Department” means the department of safety and professional services. (b) “Physician” has the meaning designated in s. 448.01 (5). (c) “Psychologist” means a person who practices psych…

940.225 Sexual assault. (1) FIRST DEGREE SEXUAL ASSAULT. Whoever does any of the following is guilty of a Class B felony: (a) Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person. (b) …

940.23 Reckless injury. (1) FIRST-DEGREE RECKLESS INJURY. (a) Whoever recklessly causes great bodily harm to another human being under circumstances which show utter disregard for human life is guilty of a Class D felony. (b) Whoever recklessly causes great bodily harm to an unbo…

940.235 Strangulation and suffocation. (1) Whoever intentionally impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person is guilty of a Class H felony. (2) Whoever violates sub. (1) is guil…

940.24 Injury by negligent handling of dangerous weapon, explosives or fire. (1) Except as provided in sub. (3), whoever causes bodily harm to another by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class I felony. (2) Whoever cause…

940.25 Injury by intoxicated use of a vehicle. (1) Any person who does any of the following is guilty of a Class F felony: (a) Causes great bodily harm to another human being by the operation of a vehicle while under the influence of an intoxicant. (am) Causes great bodily harm t…

940.285 Abuse of individuals at risk. (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…

940.29 Abuse of residents of penal facilities. Any person in charge of or employed in a penal or correctional institution or other place of confinement who abuses, neglects or ill-treats any person confined in or a resident of any such institution or place or who knowingly permit…

940.291 Law enforcement officer; failure to render aid. (1) Any peace officer, while acting in the course of employment or under the authority of employment, who intentionally fails to render or make arrangements for any necessary first aid for any person in his or her actual cus…

940.295 Abuse and neglect of patients and residents. (1) DEFINITIONS. In this section: (ad) “Abuse” has the meaning given in s. 46.90 (1) (a). (ag) “Adult at risk” has the meaning given in s. 55.01 (1e). (am) “Adult family home” has the meaning given in s. 50.01 (1). (b) “Bodily …

940.30 False imprisonment. Whoever intentionally confines or restrains another without the person’s consent and with knowledge that he or she has no lawful authority to do so is guilty of a Class H felony. History: 1977 c. 173; 2001 a. 109. False imprisonment is not a lesser incl…

940.302 Human trafficking. (1) In this section: (a) “Commercial sex act” means any of the following for which anything of value is given to, promised, or received, directly or indirectly, by any person: 1. Sexual contact. 2. Sexual intercourse. 3. Except as provided in sub. (2) (…

940.305 Taking hostages. (1) Except as provided in sub. (2), whoever by force or threat of imminent force seizes, confines or restrains a person without the person’s consent and with the intent to use the person as a hostage in order to influence a person to perform or not to per…

940.31 Kidnapping. (1) Whoever does any of the following is guilty of a Class C felony: (a) By force or threat of imminent force carries another from one place to another without his or her consent and with intent to cause him or her to be secretly confined or imprisoned or to be…

940.315 Global positioning devices. (1) Whoever does any of the following is guilty of a Class A misdemeanor: (a) Places a global positioning device or a device equipped with global positioning technology on a vehicle owned or leased by another person without that person’s consen…

940.32 Stalking. (1) In this section: (a) “Course of conduct” means a series of 2 or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following: 1. Maintaining a visual or physical proximity to the victim. 2. Approach…

940.34 Duty to aid victim or report crime. (1) (a) Whoever violates sub. (2) (a) is guilty of a Class C misdemeanor. (b) Whoever violates sub. (2) (b) is guilty of a Class C misdemeanor and is subject to discipline under s. 440.26 (6). (c) Whoever violates sub. (2) (c) is guilty …

940.41 Definitions. In ss. 940.42 to 940.49: (1g) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b). (1r) “Malice” or “maliciously” means an intent to vex, annoy or injure in any way another person or to thwart or interfere in any manner with the orderly adminis…

940.42 Intimidation of witnesses; misdemeanor. Except as provided in s. 940.43, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade any witness from attending or giving testimony at any trial, proceeding or inquiry authorized by law,…

940.43 Intimidation of witnesses; felony. Whoever violates s. 940.42 under any of the following circumstances is guilty of a Class G felony: (1) Where the act is accompanied by force or violence or attempted force or violence upon the witness, or the spouse, child, stepchild, fos…

940.44 Intimidation of victims; misdemeanor. Except as provided in s. 940.45, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade, another person who has been the victim of any crime or who is acting on behalf of the victim from doin…

940.45 Intimidation of victims; felony. Whoever violates s. 940.44 under any of the following circumstances is guilty of a Class G felony: (1) Where the act is accompanied by force or violence or attempted force or violence upon the victim, or the spouse, child, stepchild, foster…

940.46 Attempt prosecuted as completed act. Whoever attempts the commission of any act prohibited under ss. 940.42 to 940.45 is guilty of the offense attempted without regard to the success or failure of the attempt. The fact that no person was injured physically or in fact intim…

940.47 Court orders. Any court with jurisdiction over any criminal matter, upon substantial evidence, which may include hearsay or the declaration of the prosecutor, that knowing and malicious prevention or dissuasion of any person who is a victim or who is a witness has occurred…

940.48 Violation of court orders. Whoever violates an order issued under s. 940.47 may be punished as follows: (1) If applicable, the person may be prosecuted under ss. 940.42 to 940.45. (2) As a contempt of court under ch. 785. A finding of contempt is not a bar to prosecution u…

940.49 Pretrial release. Any pretrial release of any defendant whether on bail or under any other form of recognizance shall be deemed to include a condition that the defendant neither do, nor cause to be done, nor permit to be done on his or her behalf, any act proscribed by ss.…

940.51 Definitions. In this subchapter: (1g) “Adult at risk” has the meaning given in s. 55.01 (1e). (1r) “Advocate” means an individual who is representing the interests of a child, the tribe, or another party in a tribal court proceeding. (2) “Aftercare agent” means any person …

940.60 Battery; substantial battery; aggravated battery. Except as provided in s. 940.61, 940.62, 940.65, or 940.66: (1) BATTERY. Whoever 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 h…

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…

940.62 Battery; bodily harm caused to certain persons. (1) CLASS I FELONY BATTERY TO CERTAIN 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 Cl…

940.65 Battery to an unborn child; substantial battery to an unborn child; aggravated battery to an unborn child. (1) BATTERY TO AN UNBORN CHILD. Whoever causes bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who i…

940.66 Battery to an elder person or an adult at risk. (1) RECKLESSNESS. Notwithstanding s. 939.24, in this section, “recklessly” means conduct that creates a situation of unreasonable risk of harm to and demonstrates a conscious disregard for the safety of the person. (2) INTENT…