Wisconsin Statutes
Wis. Stat. § 940.34 (2026)
Duty to aid victim or report crime
✓ current as of July 2026
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940.34(1)(b)(b) Whoever violates sub. (2) (b) is guilty of a Class C misdemeanor and is subject to discipline under s. 440.26 (6).
940.34(2)(a)(a) Any person who knows that a crime is being committed and that a victim is exposed to bodily harm shall summon law enforcement officers or other assistance or shall provide assistance to the victim.
940.34(2)(b)(b) Any person licensed as a private detective or granted a private security permit under s. 440.26 who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief.
940.34(2)(c)1.1. In this paragraph, “unlicensed private security person” means a private security person, as defined in s. 440.26 (1m), who is exempt from the permit and licensure requirements of s. 440.26.
940.34(2)(c)2.2. Any unlicensed private security person who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief.
940.34(2)(d)3.3. In the circumstances described under par. (a), assistance is being summoned or provided by others.
940.34(2)(d)4.4. In the circumstances described under par. (b) or (c), the crime or alleged crime has been reported to an appropriate law enforcement agency by others.
940.34(2m)(2m) If a person is subject to sub. (2) (b) or (c), the person need not comply with sub. (2) (b) or (c) until after he or she has summoned or provided assistance to a victim.
940.34(3)(3) If a person renders emergency care for a victim, s. 895.48 (1) applies. Any person who provides other reasonable assistance under this section is immune from civil liability for his or her acts or omissions in providing the assistance. This immunity does not apply if the person receives or expects to receive compensation for providing the assistance.
940.34 AnnotationThis section is not unconstitutional. For a conviction, it must be proved that an accused believed a crime was being committed and that a victim was exposed to bodily harm. The reporting required does not require the defendant to incriminate himself or herself as the statute contains no mandate that an individual identify himself or herself. Whether a defendant fits within an exception under sub. (2) (d) is a matter of affirmative defense. State v. LaPlante, 186 Wis. 2d 427, 521 N.W.2d 448 (Ct. App. 1994).
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1986–2022 · leading case: State v. Williquette, 385 N.W.2d 145 (Wis. 1986).
State v. Williquette, 385 N.W.2d 145 (Wis. 1986). “The enactment of sec. 940.34, Stats., [6] subsequent *261 to the commencement of this prosecution also does not indicate that the defendant was previously immune from criminal liability for her conduct.”
State v. Michael R. Tullberg, 2014 WI 134 (Wis. 2014). “11 Contrary to Wis. Stat. § 940.34 (2)(a). This count was for failing to aid M.”
State v. LaPlante, 521 N.W.2d 448 (Wis. Ct. App. 1994). “Karie LaPlante appeals from a judgment, entered following a jury trial, adjudging her guilty of violating § 940.34, STATS., "the failure to aid" statute.”
Est. of Cilley v. Lane, 2009 ME 133 (Me. 2009). “Laws § 11-37-3.1 (LEXIS through Jan. 2009 Sess.”
Logarta v. Gustafson, 998 F. Supp. 998 (E.D. Wis. 1998). “Wis.Stat.Ann. § 940.34. The duty, however, is triggered by the occurrence of a crime, and the act of suicide is no longer a punishable crime in Wisconsin, see, Marzen, O’Dowd, Crone & Balch, Suicide: A Constitutional Right?, 24 Duq.”
Cheek v. Hackfort (E.D. Wis. 2022). “§940.34, id. at 10. But this court does not have jurisdiction to decide state law violations unless those violations are being disputed by parties living in different states.”
— Wis. Stat. § 940.34(2)(a) — 1 case
State v. LaPlante, 521 N.W.2d 448 (Wis. Ct. App. 1994). “Karie LaPlante appeals from a judgment, entered following a jury trial, adjudging her guilty of violating § 940.34, STATS., "the failure to aid" statute.”
— Wis. Stat. § 940.34(2)(d) — 1 case
State v. LaPlante, 521 N.W.2d 448 (Wis. Ct. App. 1994). “Karie LaPlante appeals from a judgment, entered following a jury trial, adjudging her guilty of violating § 940.34, STATS., "the failure to aid" statute.”
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