2023 Wisconsin Statutes & Annotations
Chapter 940 - Crimes against life and bodily security.
940.204 - Battery or threat to health care providers and staff.

940.204 Battery or threat to health care providers and staff.

(1) In this section:

(a) “Family member” means a parent, spouse, sibling, child, stepchild, or foster child.

(b) “Health care facility” means any of the following:

1. A hospital, as defined in s. 50.33 (2).

2. A clinic, which is a location with the primary purpose of providing outpatient diagnosis, treatment, or management of health conditions.

3. A pharmacy that is licensed under s. 450.06.

4. An adult day care center, as defined in s. 49.45 (47) (a).

5. An adult family home, as defined in s. 50.01 (1).

6. A community-based residential facility, as defined in s. 50.01 (1g).

7. A residential care apartment complex, as defined in s. 50.01 (6d).

8. A nursing home, as defined in s. 50.01 (3).

9. A mental health or substance use disorder facility, which is a location that provides diagnosis, treatment, or management of mental health or substance use disorders.

10. An ambulatory surgical center, as defined in 42 CFR 416.2.

(c) “Health care provider” means any of the following:

1. A health care provider, as defined in s. 146.81 (1) (a) to (hp), (q), (r), or (s).

2. A radiographer or limited X-ray machine operator licensed or permitted under ch. 462.

3. A driver of an ambulance, as defined in s. 256.01 (1t).

(2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to a person who works in a health care facility or to a family member of a person who works in a health care facility under all of the following circumstances is guilty of a Class H felony:

(a) At the time of the act or threat, the actor knows or should have known that the victim works or formerly worked in a health care facility or is a family member of the person who works or formerly worked in a health care facility.

(b) The act or threat is in response to an action occurring at the health care facility or an action by an official, employee, or agent of the health care facility acting in his or her official capacity.

(c) There is no consent by the person harmed or threatened.

(3) Whoever intentionally causes bodily harm or threatens to cause bodily harm to a health care provider or to a family member of a health care provider under all of the following circumstances is guilty of a Class H felony:

(a) At the time of the act or threat, the actor knows or should have known that the victim is a health care provider or is a family member of a health care provider.

(b) The act or threat is in response to an action by the health care provider acting in his or her capacity as a health care provider.

(c) There is no consent by the person harmed or threatened.

(4) The department of justice shall post on its website model language that health care facilities may post at their entrances alerting persons to the penalties under this section.

History: 2021 a. 209; s. 35.17 correction in (1) (b) 4., (c) 1., (4).