Terms Used In Wisconsin Statutes 940.04

  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony.
   (2)   Any person, other than the mother, who does either of the following is guilty of a Class E felony:
      (a)    Intentionally destroys the life of an unborn quick child; or
      (b)    Causes the death of the mother by an act done with intent to destroy the life of an unborn child. It is unnecessary to prove that the fetus was alive when the act so causing the mother’s death was committed.
   (5)   This section does not apply to a therapeutic abortion which:
      (a)    Is performed by a physician; and
      (b)    Is necessary, or is advised by 2 other physicians as necessary, to save the life of the mother; and
      (c)    Unless an emergency prevents, is performed in a licensed maternity hospital.
   (6)   In this section “unborn child” means a human being from the time of conception until it is born alive.