Wisconsin Statutes 125.075 – Injury or death by providing alcohol beverages to a minor
Current as of: 2023 | 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 G felony | up to 10 years | up to $25,000 |
| Class H felony | up to 6 years | up to $10,000 |
Terms Used In Wisconsin Statutes 125.075
- 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) Any person who procures alcohol beverages for or sells, dispenses or gives away alcohol beverages to a person under 18 years of age in violation of s. 125.07 (1) (a) 1. or 2. may be penalized as provided in sub. (2) if:
(a) The person knew or should have known that the underage person was under the legal drinking age; and
(b) The underage person dies or suffers great bodily harm, as defined in s. 939.22 (14), as a result of consuming the alcohol beverages provided in violation of s. 125.07 (1) (a) 1. or 2.
(1m) In determining under sub. (1) (a) whether a person knew or should have known that the underage person was under the legal drinking age, all relevant circumstances surrounding the procuring, selling, dispensing or giving away of the alcohol beverages may be considered, including any circumstance under pars. (a) to (d). In addition, a person has a defense to criminal liability under sub. (1) if all of the following occur:
(a) The underage person falsely represents that he or she has attained the legal drinking age.
(b) The underage person supports the representation under par. (a) with documentation that he or she has attained the legal drinking age.
(c) The alcohol beverages are provided in good faith reliance on the underage person’s representation that he or she has attained the legal drinking age.
(d) The appearance of the underage person is such that an ordinary and prudent person would believe that he or she had attained the legal drinking age.
(2)
(a) Whoever violates sub. (1) is guilty of a Class H felony if the underage person suffers great bodily harm, as defined in s. 939.22 (14).
(b) Whoever violates sub. (1) is guilty of a Class G felony if the underage person dies.