Wisconsin Statutes 940.198 – Physical abuse of an elder person
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 C felony | up to 40 years | up to $100,000 |
| Class E felony | up to 15 years | up to $50,000 |
| Class F felony | up to 12 years 6 months | up to $25,000 |
| Class H felony | up to 6 years | up to $10,000 |
| Class I felony | up to 3 years 6 months | up to $10,000 |
Terms Used In Wisconsin Statutes 940.198
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(1) Definitions. In this section:
(a) “Elder person” means any individual who is 60 years of age or older.
(b) “Recklessly” means conduct that creates a situation of unreasonable risk of harm to and demonstrates a conscious disregard for the safety of the elder person.
(2) Intentional causation of bodily harm.
940.198(2)(a) (a) Whoever intentionally causes great bodily harm to an elder person is guilty of a Class C felony.
(b) Whoever intentionally causes bodily harm to an elder person is guilty of a Class H felony.
(c) Whoever intentionally causes bodily harm to an elder person under circumstances or conditions that are likely to produce great bodily harm is guilty of a Class F felony.
(3) Reckless causation of bodily harm.
940.198(3)(a) (a) Whoever recklessly causes great bodily harm to an elder person is guilty of a Class E felony.
(b) Whoever recklessly causes bodily harm to an elder person is guilty of a Class I felony.
(c) Whoever recklessly causes bodily harm to an elder person under circumstances or conditions that are likely to produce great bodily harm is guilty of a Class H felony.
(4) Knowledge of age not required. This section applies irrespective of whether the defendant had actual knowledge of the victim’s age. A mistake regarding the victim’s age is not a defense to a prosecution under this section.