26.21.010 Physical Abuse of a Child
(a) Definitions. In this section, "recklessly" means conduct which creates a situation of unreasonable risk of harm to and demonstrates a conscious disregard for the safety of the child.
(b) Intentional causation of bodily harm.
(1) Whoever intentionally causes great bodily harm to a child is guilty of a Class 5 Offense.
(2) Whoever intentionally causes bodily harm to a child is guilty of a Class 3 Offense.
(3) Whoever intentionally causes bodily harm to a child by conduct which creates a high probability of great bodily harm is guilty of a Class 4 Offense.
(c) Reckless causation of bodily harm.
(1) Whoever recklessly causes great bodily harm to a child is guilty of a Class 4 Offense
(2) Whoever recklessly causes bodily harm to a child is guilty of a Class 3 Offense.
(3) Whoever recklessly causes bodily harm to a child by conduct which creates a high probability of great bodily harm is guilty of a Class 4 Offense.
(d) Failing to act to prevent bodily harm.
(1) A person responsible for the child's welfare is guilty of a Class 3 Offense if that person has knowledge that another person intends to cause, is causing or has intentionally or recklessly caused great bodily harm to the child and is physically and emotionally capable of taking action which will prevent the bodily harm from occurring or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk of great bodily harm by the other person or facilitates the great bodily harm to the child that is caused by the other person.
(2) A person responsible for the child's welfare is guilty of a Class 3 Offense if that person has knowledge that another person intends to cause, is causing or has intentionally or recklessly caused bodily harm to the child and is physically and emotionally capable of taking action which will prevent the bodily harm from occurring or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk of bodily harm by the other person or facilitates the bodily harm to the child that is caused by the other person.
(e) Engaging in repeated acts of physical abuse of the same child.
(1) Whoever commits 3 or more violations under sub. (b), (c), or (d) within a three year period involving the same child is guilty of the following:
(A) A Class 5 Offense if at least one violation caused the death of the child.
(B) A Class 4 Offense if at least 2 violations were violations of sub. (b) (2).
(C) A Class 5 Offense if at least one violation resulted in great bodily harm to the child.
(D) A Class 4 Offense if at least one violation created a high probability of great bodily harm to the child.
(2) If an action under par. (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 sub. (b), (c), or (d) occurred within the specified period but need not agree on which acts constitute the requisite number.
