Wisconsin Statutes
Wis. Stat. § 940.285 (2026)
Abuse of individuals at risk
✓ current as of July 2026
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940.285(1)(ag)6.6. Deprivation of a basic need for food, shelter, clothing, or personal or health care, including deprivation resulting from the failure to provide or arrange for a basic need by a person who has assumed responsibility for meeting the need voluntarily or by contract, agreement, or court order.
940.285(1)(dm)(dm) “Recklessly” means conduct that creates a situation of unreasonable risk of harm and demonstrates a conscious disregard for the safety of the vulnerable adult.
940.285(1m)(1m) Exception. Nothing in this section may be construed to mean that an individual at risk is abused solely because he or she consistently relies upon treatment by spiritual means through prayer for healing, in lieu of medical care, in accordance with his or her religious tradition.
940.285(2)(a)(a) 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), who does any of the following may be penalized under par. (b):
940.285(2)(b)1g.1g. Any person violating par. (a) 1. or 2. under circumstances that cause death is guilty of a Class C felony. Any person violating par. (a) 3. under circumstances that cause death is guilty of a Class D felony.
940.285(2)(b)1m.1m. Any person violating par. (a) under circumstances that cause great bodily harm is guilty of a Class F felony.
940.285(2)(b)1r.1r. Any person violating par. (a) 1. under circumstances that are likely to cause great bodily harm is guilty of a Class G felony. Any person violating par. (a) 2. or 3. under circumstances that are likely to cause great bodily harm is guilty of a Class I felony.
940.285(2)(b)2.2. Any person violating par. (a) 1. under circumstances that cause bodily harm is guilty of a Class H felony. Any person violating par. (a) 1. under circumstances that are likely to cause bodily harm is guilty of a Class I felony.
940.285(2)(b)4.4. Any person violating par. (a) 2. or 3. under circumstances that cause or are likely to cause bodily harm is guilty of a Class A misdemeanor.
940.285(2)(b)5.5. Any person violating par. (a) 1., 2. or 3. under circumstances not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor.
940.285 HistoryHistory: 1985 a. 306; 1993 a. 445; 1997 a. 180; 2001 a. 109; 2005 a. 264, 388; 2007 a. 45.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 2003–2023 · leading case: State v. Dale R. Neumann, 2013 WI 58 (Wis. 2013).
State v. Dale R. Neumann, 2013 WI 58 (Wis. 2013). “§ 940.285 (1m) (excepts treatment through prayer from criminal prosecution for abuse of "at-risk" individuals).”
Storm Ex Rel. Smoler v. Legion Ins., 2003 WI 120 (Wis. 2003). “This definition is incorporated by reference into Wis. Stat. § 940.285 (relating to crimes of abuse against vulnerable persons).”
State v. Davison, 2003 WI 89 (Wis. 2003). “19(1), from the prohibition of a simultaneous prosecution and conviction of maltreatment under §§ 940.285(2)(b)4. If subsection (2m) is interpreted to preclude conviction of equally serious "types of battery," the exemption in subsection (6) is rendered meaningless.”
State v. Normington, 2008 WI App 8 (Wis. Ct. App. 2007). “225(2)(c), intentional maltreatment of a vulnerable adult causing *732 great bodily harm contrary to Wis. Stat. § 940.285 (2)(a)l., and first-degree recklessly endangering safety contrary to Wis.”
Naseer v. Miller, 2010 WI App 142 (Wis. Ct. App. 2010). “Contrary to Naseer's assertions, serving a cold meal or a small portion at a single meal does not deprive an inmate of the "basic need for food," in violation of Wis. Stat. § 940.285 ; it does not constitute neglect or ill-treatment of a person confined in a penal institution in…”
State v. Cullen Joel Horne (Wis. Ct. App. 2023). “An “individual at risk” is defined by statute as “any adult who has a physical or mental condition that substantially impairs his or her ability to care for his or her needs and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect,…”
Williams v. Ellefson (E.D. Wis. 2019). “Specifically, he cites Wis. Stat. §§ 940.285 (Abuse of Individuals at Risk), 946.”
Gintner, Lori v. Schira, Diana (W.D. Wis. 2022). “) Gintner also continues to allege that she is an “individual at risk” who is entitled to protections under Wis. Stat. § 940.285 (abuse of individuals at risk) from the “judge, the district attorney, and banks,” and asserts that instead of pursuing foreclosure, the courts should…”
State v. Leilani E. Neumann (Wis. 2013). “§ 940.285 (1m) (excepts treatment through prayer from criminal prosecution for abuse of "at-risk" individuals).”
State v. Leilani E. Neumann (Wis. 2013). “§ 940.285 (1m) (excepts treatment through prayer from criminal prosecution for abuse of "at-risk" individuals).”
— Wis. Stat. § 940.285(2)(a) — 1 case
State v. Cullen Joel Horne (Wis. Ct. App. 2023). “An “individual at risk” is defined by statute as “any adult who has a physical or mental condition that substantially impairs his or her ability to care for his or her needs and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect,…”
— Wis. Stat. § 940.285(2)(b) — 1 case
State v. Davison, 2003 WI 89 (Wis. 2003). “19(1), from the prohibition of a simultaneous prosecution and conviction of maltreatment under §§ 940.285(2)(b)4. If subsection (2m) is interpreted to preclude conviction of equally serious "types of battery," the exemption in subsection (6) is rendered meaningless.”
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