Wisconsin Statutes
Wis. Stat. § 940.16 (2026)
Partial-birth abortion
✓ current as of July 2026
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940.16(1)(a)(a) “Child” means a human being from the time of fertilization until it is completely delivered from a pregnant woman.
940.16(1)(b)(b) “Partial-birth abortion” means an abortion in which a person partially vaginally delivers a living child, causes the death of the partially delivered child with the intent to kill the child, and then completes the delivery of the child.
940.16(2)(2) Except as provided in sub. (3), whoever intentionally performs a partial-birth abortion is guilty of a Class A felony.
940.16(3)(3) Subsection (2) does not apply if the partial-birth abortion is necessary to save the life of a woman whose life is endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical disorder, physical illness or physical injury caused by or arising from the pregnancy itself, and if no other medical procedure would suffice for that purpose.
940.16 AnnotationA Nebraska statute that provides that no partial birth abortion can be performed unless it is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury is unconstitutional. Stenberg v. Carhart, 530 U.S. 914, 120 S. Ct. 2597, 147 L. Ed. 2d 743 (2000). But see Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215, 142 S. Ct. 2228, 213 L. Ed. 2d 545 (2022).
940.16 AnnotationThe constitution does not confer a right to abortion. Therefore, a rational-basis review is the appropriate standard for a constitutional challenge to abortion laws. A law regulating abortion, like other health and welfare laws, is entitled to a strong presumption of validity. It must be sustained if there is a rational basis on which the legislature could have thought that it would serve legitimate state interests. Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215, 142 S. Ct. 2228, 213 L. Ed. 2d 545 (2022).
940.16 AnnotationEnforcement of this section is enjoined under Carhart, 530 U.S. 914 (2000). Hope Clinic v. Ryan, 249 F.3d 603 (2001). But see Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215, 142 S. Ct. 2228, 213 L. Ed. 2d 545 (2022).
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1998–2025 · leading case: Planned Parenthood of Wisconsin v. Doyle, 44 F. Supp. 2d 975 (W.D. Wis. 1999).
Planned Parenthood of Wisconsin v. Doyle, 44 F. Supp. 2d 975 (W.D. Wis. 1999). “” Wis. Stat. § 940.16 (2).' It defines “partial-birth abortion” as “an abortion in which a person partially vaginally delivers a living child, causes the death of the partially delivered child with the intent to kill the child, and then completes delivery of the child.”
State v. Radke, 2002 WI App 146 (Wis. Ct. App. 2002). “16 Performing a "partial-birth abortion," as defined by Wis. Stat. § 940.16 , is also designated as a Class A "serious felony" under Wis.”
Hope Clinic v. Ryan, 195 F.3d 857 (7th Cir. 1999). “Wis. Stat. § 940.16 Partial-birth abortion.”
Planned Parenthood of Wisconsin v. Doyle, 9 F. Supp. 2d 1033 (W.D. Wis. 1998). “038(3)(a), it does not require that the abortion be performed in violation of the criminal statute § 940.16. This oversight makes it possible for a physician who does not intentionally perform a partial-birth abortion but due to unanticipated circumstances does perform such a…”
Josh Kaul v. Joel Urmanski, as DA for Sheboygan Cnty., WI, 2025 WI 32 (Wis. 2025). “And still more describe the circumstances under which state, county, or municipal funds may go to providing abortion services or entities that provide such services.”
Hope Clinic v. Ryan, James E., 249 F.3d 603 (7th Cir. 2001). “038 , the civil-liability companion to Wis. Stat. § 940.16 .”
Karlin, Elizabeth v. Foust, C. William, 198 F.3d 620 (7th Cir. 1999). “ortion “partially vaginally delivers a living human fetus or infant before killing the fetus or infant and completing the delivery,” 720 ILCS § 51%, or in Wisconsin, it is an abortion “in which a person partially vaginally delivers a living child, causes the death of the…”
— Wis. Stat. § 940.16(1)(b) — 1 case
Josh Kaul v. Joel Urmanski, as DA for Sheboygan Cnty., WI, 2025 WI 32 (Wis. 2025). “And still more describe the circumstances under which state, county, or municipal funds may go to providing abortion services or entities that provide such services.”
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