Wisconsin Statutes

Wis. Stat. § 100.264 (2026)

Violations against elderly or disabled persons

✓ current as of July 2026

Find cases: SyfertCases citing this section WI-LEGdocs.legis.wisconsin.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

100.264100.264 Violations against elderly or disabled persons.

100.264(1)(1) Definitions. In this section:

100.264(1)(a)(a) “Disabled person” means a person who has an impairment of a physical, mental or emotional nature that substantially limits at least one major life activity.

100.264(1)(b)(b) “Elderly person” means a person who is at least 62 years of age.

100.264(1)(c)(c) “Major life activity” means self-care, walking, seeing, hearing, speaking, breathing, learning, performing manual tasks or being able to be gainfully employed.

100.264(2)(2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under ch. 136 or 707 or s. 100.16, 100.17, 100.171, 100.174, 100.18, 100.182, 100.183, 100.195, 100.20, 100.203, 100.205, 100.207, 100.209, 100.21, 100.30 (3), 100.313, 100.315, 100.35, 100.44, 100.46, 100.52, 100.525, 100.55, 100.57, 100.65, 134.71, 134.72, 134.73, 134.87, 344.574, 344.576 (1), (2), or (3) (a) or (b), 344.577, or 344.578, or a provision of ch. 704 or 846 for which the department has rule-making, investigation, or enforcement authority, or a rule promulgated under one of those sections, chapters, or provisions, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the violation was imposed, was perpetrated against an elderly person or disabled person and if the court finds that any of the following factors is present:

100.264(2)(a)(a) The defendant knew or should have known that the defendant’s conduct was perpetrated against an elderly person or disabled person.

100.264(2)(b)(b) The defendant’s conduct caused an elderly person or disabled person to suffer any of the following:

100.264(2)(b)1.1. Loss or encumbrance of his or her primary residence.

100.264(2)(b)2.2. Loss of principal employment or principal source of income.

100.264(2)(b)3.3. Loss of more than 25 percent of the property that the elderly person or disabled person has set aside for retirement or for personal or family care or maintenance.

100.264(2)(b)4.4. Loss of more than 25 percent of the total of payments to be received under a pension or retirement plan.

100.264(2)(b)5.5. Loss of assets essential to the health or welfare of the elderly person or disabled person.

100.264(2)(c)(c) The defendant’s conduct caused physical or emotional damage or economic loss, other than the losses specified in par. (b) 1. to 5., and elderly persons or disabled persons are more likely to suffer the loss than other persons due to their age, poor health, impaired understanding or restricted mobility.

100.264(3)(3) Priority for restitution. If the court orders restitution under s. 100.171 (8), 100.173 (4) (a), 100.174 (7), 100.175 (7), 100.177 (15), 100.18 (11) (d), 100.182 (5) (a), 100.20 (6), 100.205 (7), 100.207 (6) (b) 1., 100.44 (5), or 134.87 (6) for a pecuniary or monetary loss suffered by a person, the court shall require that the restitution be paid by the defendant before the defendant pays any forfeiture imposed under this section.

100.264 HistoryHistory: 1995 a. 38; 2015 a. 252.

Notes of Decisions

Cited in 3 cases, 2001–2020 · leading case: State v. GE-Milwaukee, LLC, 2012 WI App 5 (Wis. Ct. App. 2011).

Sort: Relevance Newest Treatment

State v. GE-Milwaukee, LLC, 2012 WI App 5 (Wis. Ct. App. 2011). · cites it 4× “82(2) were perpetrated against consumers who were at least 62 years of age or disabled" and that this violated Wis. Stat. § 100.264 . *353 ¶ 4. The operative complaint pegs the defendants' liability for the alleged violations on the following interrelated averments: • Great…”

Kitten v. State Dep't of Workforce Dev., 2001 WI App 218 (Wis. Ct. App. 2001). “§ 100.264(l)(c) defines "major life activity" as "self-care, walking, seeing, hearing, speaking, breathing, learning, performing manual tasks or being able to be gainfully employed.”

Stoller v. Walworth Cnty. (E.D. Wis. 2020). · cites it 11× “Fifth Claim for Relief Plaintiffs claim that the Walworth County Defendants committed violations against elderly or disabled persons under Wisconsin Statutes section 100.264. Pursuant to section 100.”

— Wis. Stat. § 100.264(2) — 2 cases

State v. GE-Milwaukee, LLC, 2012 WI App 5 (Wis. Ct. App. 2011). “82(2) were perpetrated against consumers who were at least 62 years of age or disabled" and that this violated Wis. Stat. § 100.264 . *353 ¶ 4. The operative complaint pegs the defendants' liability for the alleged violations on the following interrelated averments: • Great…”

Stoller v. Walworth Cnty. (E.D. Wis. 2020). “Fifth Claim for Relief Plaintiffs claim that the Walworth County Defendants committed violations against elderly or disabled persons under Wisconsin Statutes section 100.264. Pursuant to section 100.”

— Wis. Stat. § 100.264(2)(a) — 1 case

— Wis. Stat. § 100.264(l)(c) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.