Wisconsin Statutes
Wis. Stat. § 946.43 (2026)
Assaults by prisoners
✓ current as of July 2026
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946.43(1m)(1m) Any prisoner confined to a state prison or other state, county or municipal detention facility who intentionally does any of the following is guilty of a Class F felony:
946.43(1m)(a)(a) Places an officer, employee, visitor or another inmate of such prison or institution in apprehension of an immediate battery likely to cause death or great bodily harm; or
946.43(1m)(b)(b) Confines or restrains an officer, employee, visitor or another inmate of such prison or institution without the person’s consent.
946.43(2m)(a)(a) Any prisoner confined to a state prison or other state, county or municipal detention facility who throws or expels blood, semen, vomit, saliva, urine, feces or other bodily substance at or toward an officer, employee or visitor of the prison or facility or another prisoner of the prison or facility under all of the following circumstances is guilty of a Class I felony:
946.43(2m)(a)1.1. The prisoner throws or expels the blood, semen, vomit, saliva, urine, feces or other bodily substance with the intent that it come into contact with the officer, employee, visitor or other prisoner.
946.43(2m)(a)2.2. The prisoner throws or expels the blood, semen, vomit, saliva, urine, feces or other bodily substance with the intent either to cause bodily harm to the officer, employee, visitor or other prisoner or to abuse, harass, offend, intimidate or frighten the officer, employee, visitor or other prisoner.
946.43(2m)(a)3.3. The officer, employee, visitor or other prisoner does not consent to the blood, semen, vomit, saliva, urine, feces or other bodily substance being thrown or expelled at or toward him or her.
946.43(2m)(b)(b) A court shall impose a sentence for a violation of par. (a) consecutive to any sentence previously imposed or which may be imposed for any crime or offense for which the person was in custody when he or she committed the violation of par. (a).
Notes of Decisions
Cited in 18
cases (9 in the last 5 years), 1980–2024 · leading case: In Interest of CDM, 370 N.W.2d 287 (Wis. Ct. App. 1985).
In Interest of CDM, 370 N.W.2d 287 (Wis. Ct. App. 1985). “This definition is supported by the fact that the statutory subchapter that includes sec. 946.43, Stats., assaults by prisoners, and sec.”
State v. Block, 587 N.W.2d 914 (Wis. Ct. App. 1998). “; assaults by prisoners, *594 § 946.43, Stats.; physical abuse of a child by intentionally causing bodily harm, § 948.”
State v. Semrau, 2000 WI App 54 (Wis. Ct. App. 2000). “946 *521 also includes Wis. Stat. § 946.43 , Assaults By Prisoners, an offense clearly against persons.”
State v. Staples, 299 N.W.2d 270 (Wis. Ct. App. 1980). “The defendant appeals from a judgment of conviction of violating sec. 946.43(2), Stats. (1975), assault by prisoner, and from an order entered July 3, 1979, denying the defendant's post-conviction motions.”
State v. Ford, 377 N.W.2d 62 (Minn. Ct. App. 1986). “Schmit, a prison guard at Dodge Correctional Institution, was charged with misconduct under Wis.Stat. § 946.43(2) (1984) for engaging in consensual intercourse with a prisoner.”
State v. Travanti D. Schmidt (Wis. Ct. App. 2021). “§ 946.43(2m)(a) (2019-20).1 The complaint alleged that Schmidt, a prisoner confined to the Wisconsin Secure Program Facility in Boscobel, Wisconsin, expelled saliva at or toward “Victim 1” while Victim 1 was escorting Schmidt from a holding cell to another cell.”
State v. Shafia M. Jones (Wis. Ct. App. 2021). “§ 946.43(2m)(a), and disorderly conduct, in violation of WIS.”
State v. Donald L. White (Wis. Ct. App. 2022). “2 Before trial, the circuit court appointed an examiner to evaluate White’s competency to stand trial under WIS.”
Winnebago Cnty. v. A.F.H. (Wis. Ct. App. 2024). “§ 946.43(2m). Antonin does not dispute these facts but argues that, in his case, the pane of glass separating the spit from its target meant that he could not have been convicted under § 946.”
Bradley, Brandon v. Carr, Kevin (W.D. Wis. 2020). “During her pretrial detention on the battery charge, she was charged with violating Wis. Stat. § 946.43 (2m)(a), which prohibits inmates from throwing or expelling bodily substances towards jail staff, in five separate cases: 17-cf-1836, 17-cf-1837, 17-cf-2136, 17-cf-2825, and…”
Bradley, Brandon v. Fuchs, Larry (W.D. Wis. 2021). “In that case, Bradley was charged under Wis. Stat. § 946.43 (2m)(a), which prohibits prisoners from throwing or expelling bodily 1 Bradley, who has also filed lawsuits under the name Brittney Bradley, is a transgender woman.”
Lindell, Nate v. Boughton, Gary (W.D. Wis. 2021). “20 (1), a Felony D level, on December 29, 2003; and (5) Prisoner Throw/Expel Bodily Substances, in violation of Wis. Stat. § 946.43 (2m)(a), a Felony I level, from October 3, 2013.”
— Wis. Stat. § 946.43(1) — 2 cases
In Interest of CDM, 370 N.W.2d 287 (Wis. Ct. App. 1985). “This definition is supported by the fact that the statutory subchapter that includes sec. 946.43, Stats., assaults by prisoners, and sec.”
State v. Block, 587 N.W.2d 914 (Wis. Ct. App. 1998). “; assaults by prisoners, *594 § 946.43, Stats.; physical abuse of a child by intentionally causing bodily harm, § 948.”
— Wis. Stat. § 946.43(1m)(a) — 1 case
State v. Tyler M. Metzner (Wis. Ct. App. 2021).
— Wis. Stat. § 946.43(2) — 2 cases
State v. Staples, 299 N.W.2d 270 (Wis. Ct. App. 1980). “The defendant appeals from a judgment of conviction of violating sec. 946.43(2), Stats. (1975), assault by prisoner, and from an order entered July 3, 1979, denying the defendant's post-conviction motions.”
State v. Ford, 377 N.W.2d 62 (Minn. Ct. App. 1986). “Schmit, a prison guard at Dodge Correctional Institution, was charged with misconduct under Wis.Stat. § 946.43(2) (1984) for engaging in consensual intercourse with a prisoner.”
— Wis. Stat. § 946.43(2m) — 2 cases
Winnebago Cnty. v. A.F.H. (Wis. Ct. App. 2024). “§ 946.43(2m). Antonin does not dispute these facts but argues that, in his case, the pane of glass separating the spit from its target meant that he could not have been convicted under § 946.”
Winnebago Cnty. v. T.G. (Wis. Ct. App. 2023).
— Wis. Stat. § 946.43(2m)(a) — 6 cases
State v. Travanti D. Schmidt (Wis. Ct. App. 2021). “§ 946.43(2m)(a) (2019-20).1 The complaint alleged that Schmidt, a prisoner confined to the Wisconsin Secure Program Facility in Boscobel, Wisconsin, expelled saliva at or toward “Victim 1” while Victim 1 was escorting Schmidt from a holding cell to another cell.”
State v. Shafia M. Jones (Wis. Ct. App. 2021). “§ 946.43(2m)(a), and disorderly conduct, in violation of WIS.”
State v. Donald L. White (Wis. Ct. App. 2022). “2 Before trial, the circuit court appointed an examiner to evaluate White’s competency to stand trial under WIS.”
State v. Raynard R. Jackson (Wis. Ct. App. 2020).
State v. C. G. B. (Wis. Ct. App. 2024).
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