Wis. Stat. » CHAPTER 940 — CRIMES AGAINST LIFE AND BODILY SECURITY
Wisconsin Statutes

Wis. Stat. § 940.29 (2026)

Abuse of residents of penal facilities

✓ current as of July 2026
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940.29940.29 Abuse of residents of penal facilities. Any person in charge of or employed in a penal or correctional institution or other place of confinement who abuses, neglects or ill-treats any person confined in or a resident of any such institution or place or who knowingly permits another person to do so is guilty of a Class I felony.
940.29 HistoryHistory: 1975 c. 119; 1975 c. 413 s. 18; 1977 c. 173; 1979 c. 124; 1981 c. 20; 1987 a. 161 ss. 12, 13m; 1987 a. 332; 1993 a. 445; 2001 a. 109.
Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 1983–2024 · leading case: State v. Christensen, 329 N.W.2d 382 (Wis. 1983).
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State v. Christensen, 329 N.W.2d 382 (Wis. 1983). · cites it 10× “This result is supported by the legislative treatment of sec. 940.29, Stats., since the repeal of sec.”
State v. Serebin, 350 N.W.2d 65 (Wis. 1984). · cites it 6× “Therefore, the first element of sec. 940.29, Stats., that the *854 defendant was in charge of or employed in Glendale, has been satisfied.”
State Ex Rel. Lindell v. Litscher, 2003 WI App 36 (Wis. Ct. App. 2003). · cites it 2× “Lindell asserts that Wisconsin has made prisoners a suspect class by enacting Wis. Stat. § 940.29 . That statute, however, does no more than criminalize abuse of persons in an incarcerated facility.”
State v. Brenner, 486 So. 2d 101 (La. 1986). “63 §§ 1-1902, 1-1939, "The owner and licensee are liable to a resident for any intentional or negligent act or omission of their agents or employees which injures the resident.”
Rodriguez v. McClenning, 399 F. Supp. 2d 228 (S.D.N.Y. 2005). “, Criminal Law § 3-314 (2002); W.Va.Code § 61-8B-10 (2000). 86 . Vermont, Alabama, Oregon, and Wisconsin still do not prohibit sexual contact between inmates and prison employees.”
State v. Turley, 381 N.W.2d 309 (Wis. 1986). · cites it 2× “In October, 1983, the State presented evidence to a jury that Turley, a corrections officer for Waukesha county, had abused an inmate at the county jail, in violation of sec. 940.29, Stats. Central to the State's case was the testimony of three prosecution witnesses to an…”
Naseer v. Miller, 2010 WI App 142 (Wis. Ct. App. 2010). · cites it 2× “285 ; it does not constitute neglect or ill-treatment of a person confined in a penal institution in violation of Wis. Stat. § 940.29 ; it does not constitute misconduct in public office in violation of Wis.”
State v. Serebin, 338 N.W.2d 855 (Wis. Ct. App. 1983). · cites it 2× “Section 940.29(7) has been changed and now provides: Abuse of residents of facilities.”
Mays v. Pettis (E.D. Wis. 2020). · cites it 5× “Legal Analysis of Alleged Facts The plaintiff states that Jane and John Does #1-11 violated Wis. Stat. §940.29 . Dkt. No. 1 at 4. Wisconsin Statute §940.”
Leiser v. LaVoie (E.D. Wis. 2023). · cites it 5× “For relief, the plaintiff seeks $20,000 from each defendant. Id. at 12. He also asks that the court refer this case to the Wisconsin Department of Justice to investigate having the defendants criminally charged for abusing residents of penal facilities, in violation of Wis.”
Jeffery v. Cole (E.D. Wis. 2024). · cites it 4× “He also claims that the defendants’ actions amounted to negligence, assault and battery, violated the Wisconsin Constitution and violated Wis. Stat. §§940.29 , 302.08, 940.19, 941.”
Compton v. Toler (E.D. Wis. 2022). · cites it 3× “29, a Wisconsin criminal statute, provides: “Any person in charge of or employed in a penal or correctional institution or other place of confinement who abuses, neglects or ill-treats any person confined in or a resident of any such institution or place or who knowingly permits…”
Show all 14 citing cases →
— Wis. Stat. § 940.29(7) — 2 cases
State v. Christensen, 329 N.W.2d 382 (Wis. 1983). “This result is supported by the legislative treatment of sec. 940.29, Stats., since the repeal of sec.”
State v. Serebin, 338 N.W.2d 855 (Wis. Ct. App. 1983). “Section 940.29(7) has been changed and now provides: Abuse of residents of facilities.”
— Wis. Stat. § 940.29(9) — 1 case
State v. Christensen, 329 N.W.2d 382 (Wis. 1983). “This result is supported by the legislative treatment of sec. 940.29, Stats., since the repeal of sec.”
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