reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.21 - Neglecting a child.

948.21
Neglecting a child.
(1)
Definitions. In this section:
(a)
“Child sex offense" means an offense under s. 948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.10, 948.11, or 948.12.
(b)
“Emotional damage" has the meaning given in s. 48.02 (5j).
(c)
“Necessary care" means care that is vital to the needs of a child's physical, emotional, or mental health based on all of the facts and circumstances bearing on the child's need for care, including the child's age; the child's physical, mental, or emotional condition; and any special needs of the child.
(d)
“Negligently” means acting, or failing to act, in such a way that a reasonable person would know or should know seriously endangers the physical, mental, or emotional health of a child.
(2)
Neglect. Any person who is responsible for a child's welfare who, through his or her action or failure to take action, for reasons other than poverty, negligently fails to provide any of the following, so as to seriously endanger the physical, mental, or emotional health of the child, is guilty of neglect and may be penalized as provided in sub. (3):
(a)
Necessary care.
(b)
Necessary food.
(c)
Necessary clothing.
(d)
Necessary medical care.
(e)
Necessary shelter.
(f)
Education in compliance with s. 118.15.
(g)
The protection from exposure to the distribution or manufacture of controlled substances, as defined in s. 961.01 (4), or controlled substance analogs, as defined in s. 961.01 (4m), or to drug abuse, as defined in s. 46.973 (1) (b).
(3)
Penalties. A person who violates sub. (2) is guilty of the following:
(a)
A Class D felony if the child suffers death as a consequence.
(b)
A Class F felony if any of the following applies:
1.
The child suffers great bodily harm as a consequence.
2.
The child becomes a victim of a child sex offense as a consequence.
(c)
A Class G felony if the child suffers emotional damage as a consequence.
(d)
A Class H felony if the child suffers bodily harm as a consequence.
(e)
A Class I felony if the natural and probable consequences of the violation would be a harm under par. (a), (b), (c), or (d) although the harm did not actually occur if one of the following applies:
1.
The child had not attained the age of 6 years when the violation was committed.
2.
The child has a physical, cognitive, or developmental disability that was known or should have been known by the actor.
(f)
A Class A misdemeanor if the natural and probable consequences of the violation would be a harm under par. (a), (b), (c), or (d) although the harm did not actually occur.
History:  1987 a. 332; 2001 a. 109; 2007 a. 80; 2017 a. 283.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.215 - Chronic neglect; repeated acts of neglect.

948.215
Chronic neglect; repeated acts of neglect.
(1)
Whoever violates s. 948.21 (2) is guilty of chronic neglect and may be penalized as provided in sub. (2) if one of the following applies:
(a)
The person commits 3 or more violations under s. 948.21 (2) within a specified period of time involving the same child.
(b)
The person has at least one previous conviction for a violation of s. 948.21 (2) involving the same child as the current violation.
(2)
A person who is guilty of chronic neglect under sub. (1) is guilty of the following:
(a)
A Class B felony if the child suffers death as a consequence.
(b)
A Class D felony if any of the following applies:
1.
The child suffers great bodily harm as a consequence.
2.
The child becomes a victim of a child sex offense, as defined in s. 948.21 (1) (a), as a consequence.
(c)
A Class E felony if the child suffers emotional damage, as defined in s. 948.21 (1) (b), as a consequence.
(d)
A Class F felony if the child suffers bodily harm as a consequence.
(e)
A Class H felony if the natural and probable consequences of the violation would be a harm under par. (a), (b), (c), or (d) although the harm did not actually occur.
(3)
If an action under sub. (1) (a) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.21 (2) involving the same child occurred within the specified period but need not agree on which acts constitute the requisite number or which acts resulted in any requisite consequence.
(4)
The state may not charge a person in the same action with a violation under sub. (1) (a) and a violation involving the same child under s. 948.21 (2), unless the violation of s. 948.21 (2) occurred outside of the period applicable under sub. (1) (a).
History:  2017 a. 283.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.23 - Concealing or not reporting death of a child; not reporting disappearance of a child.

948.23
Concealing or not reporting death of a child; not reporting disappearance of a child.
(1)
Whoever does any of the following is guilty of a Class I felony:
(a)
Conceals the corpse of any issue of a woman's body with intent to prevent a determination of whether it was born dead or alive.
(b)
Unless a physician or an authority of a hospital, sanatorium, public or private institution, convalescent home, or any institution of a like nature is required to report the death under s. 979.01 (1) or unless a report conflicts with religious tenets or practices, fails to report to law enforcement the death of a child immediately after discovering the death, or as soon as practically possible if immediate reporting is impossible, if the actor is the parent, stepparent, guardian, or legal custodian of the child and if any of the following applies:
1.
The death involves unexplained, unusual, or suspicious circumstances.
2.
The death is or appears to be a homicide or a suicide.
3.
The death is due to poisoning.
4.
The death follows an accident, whether the injury is or is not the primary cause of the death.
(2)
Whoever, without authorization under s. 69.18 or other legal authority to move a corpse, hides or buries the corpse of a child is guilty of a Class F felony.
(3)
(ag)
In this subsection, “missing" means absent without a reasonable explanation if the absence would raise concern in a reasonable person for the child's well-being.
(am)
Within the period under par. (b), an individual must report to law enforcement a child as missing if the individual is the parent, stepparent, guardian, or legal custodian of the child.
(b)
1.
The report under par. (am) must be made within 24 hours after the child is discovered to be missing if the child is under 13 years of age when the discovery is made.
2.
The report under par. (am) must be made within 48 hours after the child is discovered to be missing if the child is at least 13 years of age but under 16 years of age when the discovery is made.
3.
The report under par. (am) must be made within 72 hours after the child is discovered to be missing if the child is at least 16 years of age when the discovery is made.
(c)
Whoever violates par. (am) is guilty of the following:
1.
Except as provided in subds. 2. to 4., a Class A misdemeanor.
2.
If the child suffers bodily harm or substantial bodily harm while he or she is missing, a Class H felony.
3.
If the child suffers great bodily harm while he or she is missing, a Class F felony.
4.
If the child dies while he or she is missing or as a result of an injury he or she suffered while missing, a Class D felony.
History:  1977 c. 173; 1987 a. 332 s. 47; Stats. 1987 s. 948.23; 2001 a. 109; 2011 a. 268; 2013 a. 168 s. 21.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.24 - Unauthorized placement for adoption.

948.24
Unauthorized placement for adoption.
(1)
Whoever does any of the following is guilty of a Class H felony:
(a)
Places or agrees to place his or her child for adoption for anything exceeding the actual cost of the items listed in s. 48.913 (1) (a) to (m) and the payments authorized under s. 48.913 (2).
(b)
For anything of value, solicits, negotiates or arranges the placement of a child for adoption except under s. 48.833.
(c)
In order to receive a child for adoption, gives anything exceeding the actual cost of the legal and other services rendered in connection with the adoption and the items listed in s. 48.913 (1) (a) to (m) and the payments authorized under s. 48.913 (2).
(2)
This section does not apply to placements under s. 48.839.
History:  1981 c. 81; 1987 a. 332 s. 50; Stats. 1987 s. 948.24; 1989 a. 161; 1997 a. 104; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.25 - Unauthorized interstate placements of children.

948.25
Unauthorized interstate placements of children.
(1)
Any person who sends a child out of this state, brings a child into this state, or causes a child to be sent out of this state or brought into this state for the purpose of permanently transferring physical custody of the child to a person who is not a relative, as defined in s. 48.02 (15), of the child is guilty of a Class A misdemeanor.
(2)
Subsection (1) does not apply to any of the following:
(a)
A placement of a child that is authorized under s. 48.98, 48.988, or 48.99.
(b)
A placement of a child that is approved by a court of competent jurisdiction of the sending state or receiving state.
History:  2013 a. 314.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.30 - Abduction of another's child; constructive custody.

948.30
Abduction of another's child; constructive custody.
(1)
Any person who, for any unlawful purpose, does any of the following is guilty of a Class E felony:
(a)
Takes a child who is not his or her own by birth or adoption from the child's home or the custody of his or her parent, guardian or legal custodian.
(b)
Detains a child who is not his or her own by birth or adoption when the child is away from home or the custody of his or her parent, guardian or legal custodian.
(2)
Any person who, for any unlawful purpose, does any of the following is guilty of a Class C felony:
(a)
By force or threat of imminent force, takes a child who is not his or her own by birth or adoption from the child's home or the custody of his or her parent, guardian or legal custodian.
(b)
By force or threat of imminent force, detains a child who is not his or her own by birth or adoption when the child is away from home or the custody of his or her parent, guardian or legal custodian.
(3)
For purposes of subs. (1) (a) and (2) (a), a child is in the custody of his or her parent, guardian or legal custodian if:
(a)
The child is in the actual physical custody of the parent, guardian or legal custodian; or
(b)
The child is not in the actual physical custody of his or her parent, guardian or legal custodian, but the parent, guardian or legal custodian continues to have control of the child.
History:  1987 a. 332; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.40 - Contributing to the delinquency of a child.

948.40
Contributing to the delinquency of a child.
(1)
No person may intentionally encourage or contribute to the delinquency of a child. This subsection includes intentionally encouraging or contributing to an act by a child under the age of 10 which would be a delinquent act if committed by a child 10 years of age or older.
(2)
No person responsible for the child's welfare may, by disregard of the welfare of the child, contribute to the delinquency of the child. This subsection includes disregard that contributes to an act by a child under the age of 10 that would be a delinquent act if committed by a child 10 years of age or older.
(3)
Under this section, a person encourages or contributes to the delinquency of a child although the child does not actually become delinquent if the natural and probable consequences of the person's actions or failure to take action would be to cause the child to become delinquent.
(4)
A person who violates this section is guilty of a Class A misdemeanor, except:
(a)
If death is a consequence, the person is guilty of a Class D felony; or
(b)
If the child's act which is encouraged or contributed to is a violation of a state or federal criminal law which is punishable as a felony, the person is guilty of a Class H felony.
History:  1987 a. 332; 1989 a. 31; 1995 a. 77; 2001 a. 109.
The punishments for first-degree reckless homicide by delivery of a controlled substance under s. 940.02 (2) (a) and contributing to the delinquency of a child with death as a consequence in violation of subs. (1) and (4) (a) are not multiplicitous when both convictions arise from the same death. State v. Patterson, 2010 WI 130, 329 Wis. 2d 599, 790 N.W.2d 909, 08-1968.
Sub. (1) proscribes contributing to the delinquency of any child under the age of 18. The definition of “child" in s. 948.01 (1) excludes those over seventeen only for the “purposes of prosecuting" a person charged with violating this section and not that person's victim. State v. Patterson, 2010 WI 130, 329 Wis. 2d 599, 790 N.W.2d 909, 08-1968.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.45 - Contributing to truancy.

948.45
Contributing to truancy.
(1)
Except as provided in sub. (2), any person 17 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a person 17 years of age or under is guilty of a Class C misdemeanor.
(2)
Subsection (1) does not apply to a person who has under his or her control a child who has been sanctioned under s. 49.26 (1) (h).
(3)
An act or omission contributes to the truancy of a child, whether or not the child is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the child to be truant.
History:  1987 a. 285; 1989 a. 31 s. 2835m; Stats. 1989 s. 948.45; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.50 - Strip search by school employee.

948.50
Strip search by school employee.
(1)
The legislature intends, by enacting this section, to protect pupils from being strip searched. By limiting the coverage of this section, the legislature is not condoning the use of strip searches under other circumstances.
(2)
In this section:
(a)
“School" means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (15m), which provides an educational program for one or more grades between kindergarten and grade 12 and which is commonly known as a kindergarten, elementary school, middle school, junior high school, senior high school, or high school.
(b)
“Strip search" means a search in which a person's genitals, pubic area, buttock or anus, or a female person's breast, is uncovered and either is exposed to view or is touched by a person conducting the search.
(3)
Any official, employee or agent of any school or school district who conducts a strip search of any pupil is guilty of a Class B misdemeanor.
(4)
This section does not apply to a search of any person who:
(a)
Is serving a sentence, pursuant to a conviction, in a jail, state prison or house of correction.
(b)
Is placed in or transferred to a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g).
(c)
Is committed, transferred or admitted under ch. 51, 971 or 975.
(5)
This section does not apply to any law enforcement officer conducting a strip search under s. 968.255.
History:  1983 a. 489; 1987 a. 332 s. 38; Stats. 1987 s. 948.50; 1995 a. 77; 2005 a. 344; 2009 a. 302.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.51 - Hazing.

948.51
Hazing.
(1)
In this section “forced activity" means any activity which is a condition of initiation or admission into or affiliation with an organization, regardless of a student's willingness to participate in the activity.
(2)
No person may intentionally or recklessly engage in acts which endanger the physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating in connection with a school, college or university. Under those circumstances, prohibited acts may include any brutality of a physical nature, such as whipping, beating, branding, forced consumption of any food, liquor, drug or other substance, forced confinement or any other forced activity which endangers the physical health or safety of the student.
(3)
Whoever violates sub. (2) is guilty of:
(a)
A Class A misdemeanor if the act results in or is likely to result in bodily harm to another.
(b)
A Class H felony if the act results in great bodily harm to another.
(c)
A Class G felony if the act results in the death of another.
History:  1983 a. 356; 1987 a. 332 s. 32; Stats. 1987 s. 948.51; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.53 - Child unattended in child care vehicle.

948.53
Child unattended in child care vehicle.
(1)
Definitions. In this section:
(a)
“Child care provider" means a child care center that is licensed under s. 48.65 (1), a child care provider that is certified under s. 48.651, or a child care program that is established or contracted for under s. 120.13 (14).
(b)
“Child care vehicle" means a vehicle that is owned or leased by a child care provider or a contractor of a child care provider and that is used to transport children to and from the child care provider.
(2)
No child left unattended.
(a)
No person responsible for a child's welfare while the child is being transported in a child care vehicle may leave the child unattended at any time from the time the child is placed in the care of that person to the time the child is placed in the care of another person responsible for the child's welfare.
(b)
Any person who violates par. (a) is guilty of one of the following:
1.
A Class A misdemeanor.
2.
A Class I felony if bodily harm is a consequence.
3.
A Class H felony if great bodily harm is a consequence.
4.
A Class G felony if death is a consequence.
History:  2005 a. 184; 2007 a. 80; 2009 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.55 - Leaving or storing a loaded firearm within the reach or easy access of a child.

948.55
Leaving or storing a loaded firearm within the reach or easy access of a child.
(1)
In this section, “child" means a person who has not attained the age of 14 years.
(2)
Whoever recklessly stores or leaves a loaded firearm within the reach or easy access of a child is guilty of a Class A misdemeanor if all of the following occur:
(a)
A child obtains the firearm without the lawful permission of his or her parent or guardian or the person having charge of the child.
(b)
The child under par. (a) discharges the firearm and the discharge causes bodily harm or death to himself, herself or another.
(3)
Whoever recklessly stores or leaves a loaded firearm within the reach or easy access of a child is guilty of a Class C misdemeanor if all of the following occur:
(a)
A child obtains the firearm without the lawful permission of his or her parent or guardian or the person having charge of the child.
(b)
The child under par. (a) possesses or exhibits the firearm in a public place or in violation of s. 941.20.
(4)
Subsections (2) and (3) do not apply under any of the following circumstances:
(a)
The firearm is stored or left in a securely locked box or container or in a location that a reasonable person would believe to be secure.
(b)
The firearm is securely locked with a trigger lock.
(c)
The firearm is left on the person's body or in such proximity to the person's body that he or she could retrieve it as easily and quickly as if carried on his or her body.
(d)
The person is a peace officer or a member of the armed forces or national guard and the child obtains the firearm during or incidental to the performance of the person's duties. Notwithstanding s. 939.22 (22), for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.
(e)
The child obtains the firearm as a result of an illegal entry by any person.
(f)
The child gains access to a loaded firearm and uses it in the lawful exercise of a privilege under s. 939.48.
(g)
The person who stores or leaves a loaded firearm reasonably believes that a child is not likely to be present where the firearm is stored or left.
(h)
The firearm is rendered inoperable by the removal of an essential component of the firing mechanism such as the bolt in a breech-loading firearm.
(5)
Subsection (2) does not apply if the bodily harm or death resulted from an accident that occurs while the child is using the firearm in accordance with s. 29.304 or 948.60 (3).
History:  1991 a. 139; 1997 a. 248; 2007 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.61 - Dangerous weapons other than firearms on school premises.

948.61
Dangerous weapons other than firearms on school premises.
(1)
In this section:
(a)
“Dangerous weapon" has the meaning specified in s. 939.22 (10), except “dangerous weapon" does not include any firearm and does include any beebee or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol.
(b)
“School" means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (15m), which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.
(c)
“School premises" means any school building, grounds, recreation area or athletic field or any other property owned, used or operated for school administration.
(2)
Any person who knowingly possesses or goes armed with a dangerous weapon on school premises is guilty of:
(a)
A Class A misdemeanor.
(b)
A Class I felony, if the violation is the person's 2nd or subsequent violation of this section within a 5-year period, as measured from the dates the violations occurred.
(3)
This section does not apply to any person who:
(a)
Uses a weapon solely for school-sanctioned purposes.
(b)
Engages in military activities, sponsored by the federal or state government, when acting in the discharge of his or her official duties.
(c)
Is a law enforcement officer or state-certified commission warden acting in the discharge of his or her official duties.
(d)
Participates in a convocation authorized by school authorities in which weapons of collectors or instructors are handled or displayed.
(e)
Drives a motor vehicle in which a dangerous weapon is located onto school premises for school-sanctioned purposes or for the purpose of delivering or picking up passengers or property. The weapon may not be removed from the vehicle or be used in any manner.
(f)
Possesses or uses a bow and arrow or knife while legally hunting in a school forest if the school board has decided that hunting may be allowed in the school forest under s. 120.13 (38).
(4)
A person under 17 years of age who has violated this section is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.
History:  1987 a. 332; 1991 a. 17; 1993 a. 336; 1995 a. 27, 77; 2001 a. 109; 2005 a. 290; 2007 a. 27; 2009 a. 302.
Pellet guns and BB guns are dangerous weapons under this section. Interest of Michelle A.D. 181 Wis. 2d 917, 512 N.W.2d 248 (Ct. App. 1994).
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.62 - Receiving stolen property from a child.

948.62
Receiving stolen property from a child.
(1)
Whoever intentionally receives stolen property from a child or conceals stolen property received from a child is guilty of:
(a)
A Class A misdemeanor, if the value of the property does not exceed $500.
(b)
A Class I felony, if the value of the property exceeds $500 but does not exceed $2,500.
(bm)
A Class H felony, if the property is a firearm or if the value of the property exceeds $2,500 but does not exceed $5,000.
(c)
A Class G felony, if the value of the property exceeds $5,000.
(2)
Under this section, proof of all of the following is prima facie evidence that property received from a child was stolen and that the person receiving the property knew it was stolen:
(a)
That the value of the property received from the child exceeds $500.
(b)
That there was no consent by a person responsible for the child's welfare to the delivery of the property to the person.
History:  1987 a. 332; 2001 a. 109; 2011 a. 99.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.63 - Receiving property from a child.

948.63
Receiving property from a child.
Whoever does either of the following is guilty of a Class A misdemeanor:
(1)
As a dealer in secondhand articles or jewelry or junk, purchases any personal property, except old rags and waste paper, from any child, without the written consent of his or her parent or guardian; or
(2)
As a pawnbroker or other person who loans money and takes personal property as security therefor, receives personal property as security for a loan from any child without the written consent of his or her parent or guardian.
History:  1971 c. 228; 1977 c. 173; 1987 a. 332 s. 40; Stats. 1987 s. 948.63; 1989 a. 257.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.70 - Tattooing of children.

948.70
Tattooing of children.
(1)
In this section:
(a)
“Physician" has the meaning given in s. 448.01 (5).
(b)
“Tattoo" means to insert pigment under the surface of the skin of a person, by pricking with a needle or otherwise, so as to produce an indelible mark or figure through the skin.
(2)
Subject to sub. (3), any person who tattoos or offers to tattoo a child is subject to a Class D forfeiture.
(3)
Subsection (2) does not prohibit a physician from tattooing or offering to tattoo a child in the course of his or her professional practice.
History:  1991 a. 106.
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.001 - Legislative intent.

949.001
Legislative intent.
The legislature finds and declares that the state has a moral responsibility to aid innocent victims of violent crime. In order to maintain and to strengthen our democratic system of law and social order, it is essential that the rights of the victim of a crime should be as fully protected as the rights of the criminal offender. Adequate protection and assistance of victims of crime will also encourage greater public cooperation in the successful apprehension and prosecution of criminal offenders. It is the intention of the legislature that the state should provide sufficient assistance to victims of crime and their families in order to ease their financial burden and to maintain their dignity as they go through a difficult and often traumatic period. It is also the intention of the legislature that the department should actively publicize the crime victim compensation program and promote its use.
History:  1979 c. 189.
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.01 - Definitions.

949.01
Definitions.
In this subchapter:
(1)
“Crime" means an act committed in this state which would constitute a crime as defined in s. 939.12 if committed by a competent adult who has no legal defense for the act.
(1m)
“Department" means the department of justice.
(2)
“Dependent" means any spouse, domestic partner under ch. 770, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, brother, sister, half brother, half sister, or parent of spouse or of domestic partner under ch. 770, of a deceased victim who was wholly or partially dependent upon the victim's income at the time of the victim's death and includes any child of the victim born after the victim's death.
(3)
“Law enforcement agency" has the meaning designated under s. 165.83 (1) (b).
(4)
“Medical treatment" includes medical, surgical, psychiatric, psychological, dental, optometric, chiropractic, podiatric and hospital care; prescription medications; medical, dental and surgical supplies; crutches; artificial members; appliances and training in the use of artificial members and appliances. “Medical treatment" includes any Christian Science treatment for cure or relief from the effects of injury.
(4g)
“Parent of a victim" means a person who is a parent, guardian, or legal custodian of a child under the age of 18 who is a victim under sub. (6).
(4m)
“Pedestrian" has the meaning given in s. 340.01 (43).
(5)
“Personal injury" means actual bodily harm and includes pregnancy and mental or psychological trauma.
(6)
“Victim" means a person who is injured or killed by an incident specified in s. 949.03 (1m), or by any act or omission of any other person that is within the description of any of the offenses listed in s. 949.03 (2) or within the description of the offense listed and the condition provided in s. 949.03 (4). This definition does not apply to s. 949.165.
NOTE:  The cross-references to s. 949.03 (1m), (2), and (4) were changed from s. 949.03 (1) (a), (b), and (c) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 949.03 (1).
History:  1975 c. 344, 421; 1977 c. 239; 1979 c. 189; 1981 c. 20; 1983 a. 467; 1985 a. 135 s. 83 (3); 1989 a. 140; 1995 a. 153; 2007 a. 20; 2009 a. 28; 2015 a. 350; s. 13.92 (1) (bm) 2.
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.02 - Administration.

949.02
Administration.
The department shall administer this subchapter. The department shall appoint a program director to assist in administering this subchapter. The department shall promulgate rules for the implementation and operation of this subchapter. The rules shall include procedures to ensure that any limitation of an award is calculated in a fair and equitable manner.
History:  1975 c. 344; 1979 c. 189; 1985 a. 242; 2003 a. 33; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.03 - Compensable acts.

949.03
Compensable acts.
The department may order the payment of an award for personal injury or death which results from:
NOTE:  Section 949.03 (intro.) is shown as renumbered from sub. (1) (intro.) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
(1m)
Preventing or attempting to prevent the commission of a crime; apprehending or attempting to apprehend a suspected criminal; aiding or attempting to aid a police officer to apprehend or arrest a suspected criminal; aiding or attempting to aid a victim of a crime specified in sub. (2); or aiding or attempting to aid a victim of the crime specified and the condition provided in sub. (4).
NOTE:  Sub. (1m) is shown as renumbered from sub. (1) (a) by the legislative reference bureau under s. 13.92 (1) (bm) 2. The cross-references to sub. (2) and sub. (4) were changed from par. (b) and par. (c) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 949.03 (1) (a).
(2)
The commission or the attempt to commit any crime specified in s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19, 940.198, 940.20, 940.201, 940.204, 940.21, 940.22 (2), 940.225, 940.23, 940.235, 940.24, 940.25, 940.285, 940.29, 940.30, 940.302 (2), 940.305, 940.31, 940.32, 941.327, 942.09, 943.02, 943.03, 943.04, 943.10, 943.20, 943.231 (1), 943.32, 943.81, 943.86, 943.87, 948.02, 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.075, 948.08, 948.085, 948.09, 948.095, 948.20, 948.21 (1), 948.30, or 948.51.
NOTE:  Sub. (2) is shown as renumbered from sub. (1) (b) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
(3)
The commission or the attempt to commit abuse described in s. 48.02 (1) (g).
NOTE:  Sub. (3) is shown as renumbered from sub. (1) (bn) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
(4)
The commission or the attempt to commit the crime specified in s. 346.67 (1) if the victim was a pedestrian, a person riding a bicycle, or a person in a buggy.
NOTE:  Sub. (4) is shown as renumbered from sub. (1) (c) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
History:  1975 c. 224 s. 145za; 1975 c. 344; 1977 c. 173, 239; 1979 c. 118; 1983 a. 199, 356, 538; 1985 a. 275; 1985 a. 293 s. 3; 1985 a. 306 s. 5; 1987 a. 90, 332, 380, 399, 403; 1989 a. 105, 140, 359; 1993 a. 92, 227; 1995 a. 153, 374, 456; 1997 a. 35, 143, 258; 2001 a. 109; 2005 a. 212, 277; 2007 a. 97, 116; 2011 a. 271; 2013 a. 362; 2015 a. 350; 2021 a. 76, 209; 2023 a. 10; s. 13.92 (1) (bm) 2.
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.035 - Residents; victims of crime outside the state.

949.035
Residents; victims of crime outside the state.
(1)
If a Wisconsin resident suffers injury or death in a situation described in s. 949.03 except that the act occurred outside this state, the resident has the same rights under this subchapter as if the act had occurred in this state upon a showing that the state, territory, country or political subdivision of a country in which the act occurred does not have a compensation of victims of crimes law which covers the injury or death suffered by the person.
(2)
The department shall keep a current record of the laws relating to compensation of victims of crimes in other states and territories of the United States. The department need not keep a current record of laws in other countries. Upon request, the department shall assist Wisconsin residents to determine if they meet the criteria specified in sub. (1).
(3)
In this section, “resident" means a person who maintains a place of permanent abode in this state.
History:  1979 c. 34; 1985 a. 242; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.04 - Application for award.

949.04
Application for award.
(1)
Eligibility.
(ag)
Any person may apply for an award under this subchapter.
(ar)
Application by a minor may be made on the minor's behalf by his or her parent or guardian.
(b)
Application by an individual adjudicated incompetent may be made on the individual's behalf by the guardian or other person authorized to administer the individual's estate.
(2)
Forms.
(a)
The department shall prescribe application forms for awards under this subchapter. If the application results from the commission of or the attempt to commit a crime specified in s. 940.22 (2), 940.225, 948.02, 948.025, 948.051, 948.085, or 948.095 or a crime or an act compensable under s. 949.03 that was sexually motivated, as defined in s. 980.01 (5), any personally identifiable information, as defined in s. 19.62 (5), provided on the application form is not subject to inspection or copying under s. 19.35 (1).
(b)
Upon request, the department shall furnish law enforcement agencies with the application forms under par. (a). The law enforcement agency investigating a crime shall provide information about the availability of crime victim compensation under this subchapter to each person who may be eligible to file a claim under this subchapter.
(3)
Medical and dental records. The applicant shall submit to the department reports from all physicians, osteopaths, dentists, optometrists, chiropractors or podiatrists who treated or examined the victim at the time of or subsequent to the victim's injury or death. The department may also order such other examinations and reports of the victim's previous medical and dental history, injury or death as it believes would be of material aid in its determination.
History:  1975 c. 344, 421; 1975 c. 422 s. 163; 1977 c. 239; 1981 c. 20; 2005 a. 387; 2007 a. 20; 2009 a. 138; 2015 a. 195 s. 82; 2015 a. 350.
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.05 - Award; to whom payable.

949.05
Award; to whom payable.
In any case in which a person is injured or killed by an incident specified in s. 949.03 (1m), by any act or omission of any other person that is within the description of crimes under s. 949.03 (2) or by any act or omission of any person that is within the description of the crime listed and the condition provided under s. 949.03 (4), the department may order the payment of an award:
NOTE:  The cross-references to s. 949.03 (1m), (2), and (4) were changed from s. 949.03 (1) (a), (b), and (c) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 949.03 (1).
(1)
To or for the benefit of the injured person;
(2)
In the case of personal injury to or death of the victim, to any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of the injury to or death; or
(3)
Except as provided in s. 949.06 (1m), in the case of death of the victim, to or for the benefit of any one or more of the dependents of the victim. If 2 or more dependents are entitled to an award, the award shall be apportioned by the department among the dependents.
History:  1975 c. 344; 1985 a. 135 s. 83 (3); 1985 a. 242; 1989 a. 140; 1995 a. 153; 2013 a. 165; s. 13.92 (1) (bm) 2.
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.07 - Manner of payment.

949.07
Manner of payment.
The award may be paid in a lump sum or in periodic payments. The department may pay any portion of an award directly to the provider of any service which is the basis for that portion of the award. No award may be subject to execution, attachment, garnishment or other process, except that an award for allowable expense is not exempt from a claim of a creditor to the extent that the creditor provided products, services or accommodations the costs of which are included in the award.
History:  1975 c. 344; 1979 c. 189; 1981 c. 20; 2015 a. 350.
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.09 - Effect of conviction.

949.09
Effect of conviction.
If any person has been convicted of any offense with respect to an act or omission on which a claim under this subchapter is based, proof of that conviction shall be taken as conclusive evidence that the offense has been committed, unless an appeal or any proceeding with regard thereto is pending.
History:  1975 c. 344; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.11 - Hearings.

949.11
Hearings.
(1)
The procedure of ch. 227 for contested cases applies to hearings under this subchapter except as otherwise provided in this section and ss. 949.12 and 949.14.
(2)
The division of hearings and appeals in the department of administration shall appoint hearing examiners to make findings and orders under s. 227.46 and this subchapter.
(3)
All hearings shall be open to the public unless in a particular case the examiner determines that the hearing, or a portion thereof, shall be held in private having regard to the fact that the offender has not been convicted or to the interest of the victim of an alleged sexual offense.
History:  1975 c. 344; 1977 c. 239; 1979 c. 189; 1985 a. 182 s. 57; 1985 a. 242, 332; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.115 - Subpoenas.

949.115
Subpoenas.
The department or any of its authorized agents may issue subpoenas for persons or records for any investigation or hearing conducted under this subchapter and may enforce compliance with such subpoenas as provided in s. 885.12.
History:  1981 c. 20; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.12 - Condition of claimant.

949.12
Condition of claimant.
There is no privilege, except privileges arising from the attorney-client relationship, as to communications or records relevant to an issue of the physical, mental or emotional condition of the claimant or victim in a proceeding under this subchapter in which that condition is an element.
History:  1979 c. 189; 1981 c. 20; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.13 - Agency cooperation.

949.13
Agency cooperation.
Upon request by the department, any state or local agency, including a district attorney or law enforcement agency, shall make available all reports, files and other appropriate information which the department requests in order to make a determination that a person is eligible for an award under this subchapter.
History:  1981 c. 20; 1985 a. 242; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.14 - Attorney fees.

949.14
Attorney fees.
(1)
The department may determine and allow reasonable attorney fees to be paid out of, but not in addition to, the amount of the award granted to a claimant. No attorney may ask for, contract for or receive any larger sum than the amount so allowed. Attorney fees shall not exceed 10 percent of the amount the attorney assisted the victim in obtaining.
(2)
The department shall provide for payment of such fee directly to the person entitled thereto.
(3)
Whoever charges a fee in violation of sub. (1) shall forfeit double the amount retained by the attorney. This forfeiture shall be collected by this state in an action in debt, upon complaint of the department. Out of the sum recovered, the court shall direct payment to a claimant in the amount of the overcharge.
History:  1975 c. 344, 421; 1977 c. 239; 1979 c. 189; 1985 a. 242; 1993 a. 490.
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.15 - Department subrogation rights.

949.15
Department subrogation rights.
(1)
Whenever the department orders the payment of an award under this subchapter as a result of the occurrence of an event that creates a cause of action on the part of a claimant against any person, the department is subrogated to the rights of the claimant and may bring an action against the person for the amount of the damages sustained by the claimant. If an amount greater than that paid under the award order is recovered and collected in any such action, the department shall pay the balance to the claimant. If the person responsible for the injury or death has previously made restitution payments to the general fund under s. 973.20, any judgment obtained by the department under this section shall be reduced by the amount of the restitution payments to the general fund.
(2)
In addition to the authority of the department to bring an action under sub. (1), the claimant may bring an action to recover damages. In any such action, the department has subrogation rights under sub. (1) and the claimant shall join the department as a party under s. 803.03 (2) (a). After joinder, the department has the options specified in s. 803.03 (2) (b).
(3)
If a judgment or verdict in an action under sub. (1) or (2) indicates separately economic loss and noneconomic detriment, payments on the judgment shall be allocated between them in proportion to the amounts indicated. In such an action, the judge, on timely motion, shall direct the jury to return a special verdict, indicating separately the awards for noneconomic detriment, punitive damages and economic loss.
History:  1975 c. 344; 1979 c. 189; 1981 c. 20; 1985 a. 242; 1987 a. 398; 1993 a. 157; 2007 a. 20.
Discussing election of remedies, retroactivity, joinder, statute of limitations, and subrogation. Bruner v. Kops, 105 Wis. 2d 614, 314 N.W.2d 892 (Ct. App. 1981).
Although a county was vicariously liable for damages due to injury, it was not a “person responsible for the injury." As such, no subrogation was required. Hamed v. Milwaukee County, 108 Wis. 2d 257, 321 N.W.2d 199 (1982).
The Department of Justice, Crime Victim Compensation Program is not an entity that is separate and distinct from the state. The program is an arm of the state and is considered stateless for diversity purposes under federal law. Bosse v. Pitts, 455 F. Supp. 868 (2006).
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.16 - Confidentiality of records.

949.16
Confidentiality of records.
The record of a proceeding before an examiner or the department under this subchapter is a public record. Any record or report obtained by an examiner or the department, the confidentiality of which is protected by any other law or rule, shall remain confidential.
History:  1975 c. 344; 1977 c. 29; 1979 c. 189; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.17 - Offenses.

949.17
Offenses.
(1)
Prohibition. In connection with the crime victim compensation program, no person may:
(a)
Submit a fraudulent application or claim for an award;
(b)
Intentionally make or cause to be made any false statement or representation of a material fact; or
(c)
Intentionally conceal or fail to disclose information affecting the amount of or the initial or continued right to any such award when reasonably requested to provide such information by the department.
(2)
Penalties. Any person who violates this section shall be fined not more than $500 or imprisoned not more than 6 months or both. The person shall further forfeit any benefit received and shall reimburse the state for payments received or paid to or on behalf of the person.
(3)
Damages. The state has a civil cause of action for relief against any person who violates this section for the amount of damages which the state sustained by reason of the violation and, in addition, for punitive damages not more than double the amount of damages which the state may have sustained, together with interest, and the cost of the suit.
(4)
Action. The attorney general may bring any action and has such powers as may be necessary to enforce this section.
History:  1975 c. 344, 421; 1981 c. 20.
2023 Wisconsin Statutes & Annotations › Chapter 949 - Awards for the victims of crimes. › 949.18 - Report by the department.

949.18
Report by the department.
The department's biennial report under s. 15.04 (1) (d) shall include a report of its activities under this subchapter including:
(1)
An explanation of the procedures for filing and processing claims under this subchapter.
(2)
A description of the programs and policies instituted to promote public awareness about crime victim compensation.
(3)
An analysis of future needs and suggested program improvements.
(4)
A copy of the forms utilized under this subchapter.
(5)
A complete statistical analysis of the cases handled under this subchapter, including:
(a)
The number of claims filed.
(b)
The number of claims approved and the amount of each award.
(c)
The number of claims denied and the reasons for rejection.
(d)
A breakdown of claims by geographic area, month, age and sex of victim, type of crime committed and other relevant facts.
(e)
A summary of cases handled under this subchapter.
(6)
The status of existing escrow accounts under s. 949.165.
History:  1975 c. 344; 1979 c. 189; 1983 a. 467, 524, 538; 2007 a. 20.