Ask Reggi Your Question Now
Can you summarize WIST 940.285?
Abuse of individuals at risk.
Short Summary
This section of the Wisconsin Statutes, specifically under the Criminal Code, defines and penalizes abuse of individuals at risk. The term ‘abuse’ encompasses physical abuse, emotional abuse, sexual abuse, treatment without consent, unreasonable confinement or restraint, and deprivation of basic needs. An ‘individual at risk’ refers to both elder adults at risk and adults at risk. The section distinguishes between intentional, reckless, and negligent abuse, with varying degrees of penalties based on the severity of harm caused. It is important to note that an individual at risk is not considered abused solely because they rely on spiritual means through prayer for healing, in accordance with their religious tradition.
Whom does it apply to?
Any person, other than a person in charge of or employed in a facility under s. 940.29 or in a facility or program under s. 940.295 (2)
What does it govern?
Abuse of individuals at risk
What are exemptions?
An individual at risk is not considered abused solely because they rely on treatment by spiritual means through prayer for healing, instead of medical care, in accordance with their religious tradition.
What are the Penalties?
1. Violating par. (a) 1. or 2. under circumstances that cause death is a Class C felony. 2. Violating par. (a) 3. under circumstances that cause death is a Class D felony. 3. Violating par. (a) under circumstances that cause great bodily harm is a Class F felony. 4. Violating par. (a) 1. under circumstances that are likely to cause great bodily harm is a Class G felony. 5. Violating par. (a) 2. or 3. under circumstances that are likely to cause great bodily harm is a Class I felony. 6. Violating par. (a) 1. under circumstances that cause bodily harm is a Class H felony. 7. Violating par. (a) 1. under circumstances that are likely to cause bodily harm is a Class I felony. 8. Violating par. (a) 2. or 3. under circumstances that cause or are likely to cause bodily harm is a Class A misdemeanor. 9. Violating par. (a) 1., 2. or 3. under circumstances not causing and not likely to cause bodily harm is a Class B misdemeanor.
Jurisdiction
Wisconsin