Wisconsin Statutes
Wis. Stat. § 948.03 (2026)
Physical abuse of a child
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948.03(1)(1) Definitions. In this section, “recklessly” means conduct which creates a situation of unreasonable risk of harm to and demonstrates a conscious disregard for the safety of the child.
948.03(2)(a)(a) Whoever intentionally causes great bodily harm to a child is guilty of a Class C felony.
948.03(2)(c)(c) Whoever intentionally causes bodily harm to a child by conduct which creates a high probability of great bodily harm is guilty of a Class F felony.
948.03(3)(a)(a) Whoever recklessly causes great bodily harm to a child is guilty of a Class E felony.
948.03(3)(c)(c) Whoever recklessly causes bodily harm to a child by conduct which creates a high probability of great bodily harm is guilty of a Class H felony.
948.03(4)(a)(a) A person responsible for the child’s welfare is guilty of a Class F felony if that person has knowledge that another person intends to cause, is causing or has intentionally or recklessly caused great bodily harm to the child and is physically and emotionally capable of taking action which will prevent the bodily harm from occurring or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk of great bodily harm by the other person or facilitates the great bodily harm to the child that is caused by the other person.
948.03(4)(b)(b) A person responsible for the child’s welfare is guilty of a Class H felony if that person has knowledge that another person intends to cause, is causing or has intentionally or recklessly caused bodily harm to the child and is physically and emotionally capable of taking action which will prevent the bodily harm from occurring or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk of bodily harm by the other person or facilitates the bodily harm to the child that is caused by the other person.
948.03(5)(a)(a) Whoever commits 3 or more violations under sub. (2), (3), or (4) within a specified period involving the same child is guilty of the following:
948.03(5)(a)3.3. A Class C felony if at least one violation resulted in great bodily harm to the child.
948.03(5)(a)4.4. A Class D felony if at least one violation created a high probability of great bodily harm to the child.
948.03(5)(b)(b) If an action under par. (a) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of sub. (2), (3), or (4) occurred within the specified period but need not agree on which acts constitute the requisite number.
948.03(5)(c)(c) The state may not charge in the same action a defendant with a violation of this subsection and with a violation involving the same child under sub. (2), (3), or (4), unless the other violation occurred outside of the period applicable under par. (a). This paragraph does not prohibit a conviction for an included crime under s. 939.66 when the defendant is charged with a violation of this subsection.
948.03(6)(6) Treatment through prayer. A person is not guilty of an offense under this section solely because he or she provides a child with treatment by spiritual means through prayer alone for healing in accordance with the religious method of healing permitted under s. 48.981 (3) (c) 4. or 448.03 (6) in lieu of medical or surgical treatment.
948.03 AnnotationTo obtain a conviction for aiding and abetting a violation of sub. (2) or (3), the state must prove conduct that as a matter of objective fact aids another in executing the crime. State v. Rundle, 176 Wis. 2d 985, 500 N.W.2d 916 (1993).
948.03 AnnotationTo overcome the privilege of parental discipline in s. 939.45 (5), the state must prove beyond a reasonable doubt that only one of the following is not met: 1) the use of force must be reasonably necessary; 2) the amount and nature of the force used must be reasonable; and 3) the force used must not be known to cause, or create a substantial risk of, great bodily harm or death. Whether a reasonable person would have believed the amount of force used was necessary and not excessive must be determined from the standpoint of the defendant at the time of the defendant’s acts. The standard is what a person of ordinary intelligence and prudence would have believed in the defendant’s position under the circumstances that existed at the time of the alleged offense. State v. Kimberly B., 2005 WI App 115, 283 Wis. 2d 731, 699 N.W.2d 641, 04-1424.
948.03 AnnotationThe definition of reckless in this section is distinct from the general definition found in s. 939.24 and does not contain a state of mind element. Because the defense of mistake applies only to criminal charges with a state of mind element, the trial court properly exercised its discretion in refusing to give an instruction on the mistake defense. State v. Hemphill, 2006 WI App 185, 296 Wis. 2d 198, 722 N.W.2d 393, 05-1350.
948.03 AnnotationReckless child abuse requires that a defendant’s actions demonstrate a conscious disregard for the safety of a child, not that the defendant was subjectively aware of that risk. In contrast, criminal recklessness under s. 939.24 (1) is defined as when the actor creates an unreasonable and substantial risk of death or great bodily harm to another human being and the actor is aware of that risk. Thus, recklessly causing harm to a child is distinguished from criminal recklessness, because only the latter includes a subjective component. State v. Williams, 2006 WI App 212, 296 Wis. 2d 834, 723 N.W.2d 719, 05-2282.
948.03 AnnotationTestimony supporting the defendant’s assertion that the defendant was beaten with a belt as a child was not relevant to whether the amount of force the defendant used in spanking the defendant’s child was objectively reasonable. A parent may not abuse the parent’s child and claim that conduct is reasonable based on the parent’s history of being similarly abused. State v. Williams, 2006 WI App 212, 296 Wis. 2d 834, 723 N.W.2d 719, 05-2282.
948.03 AnnotationThe treatment-through-prayer provision under sub. (6) by its terms applies only to charges of criminal child abuse under this section. On its face, the treatment-through-prayer provision does not immunize a parent from any criminal liability other than that created by the criminal child abuse statute. No one reading the treatment-through-prayer provision should expect protection from criminal liability under any other statute. State v. Neumann, 2013 WI 58, 348 Wis. 2d 455, 832 N.W.2d 560, 11-1044.
948.03 AnnotationThe second-degree reckless homicide statute, s. 940.06, and this section are sufficiently distinct that a parent has fair notice of conduct that is protected and conduct that is unprotected. The statutes are definite enough to provide a standard of conduct for those whose activities are proscribed and those whose conduct is protected. A reader of the treatment-through-prayer provision, sub. (6), cannot reasonably conclude that the reader can, with impunity, use prayer treatment as protection against all criminal charges. The statutes are not unconstitutional on due process fair notice grounds. State v. Neumann, 2013 WI 58, 348 Wis. 2d 455, 832 N.W.2d 560, 11-1044.
948.03 AnnotationThis section penalizes two types of harm: 1) bodily harm; and 2) great bodily harm. The definition of “substantial bodily harm” under s. 939.22 (38) that includes bone fractures is inapplicable to this section. Although bone fractures do not involve a risk of death, disfigurement, or a permanent or protracted loss or impairment of any part of a victim’s body, they can fall under the “other serious bodily injury” segment of the “great bodily harm” definition in s. 939.22 (14). Just because all fractures meet the definition of substantial bodily harm, that does not imply that a particular fracture, or multiple fractures as was the case here, cannot be serious enough to qualify as an “other serious bodily injury” for purposes of being great bodily harm. State v. Davis, 2016 WI App 73, 371 Wis. 2d 737, 885 N.W.2d 807, 15-2030.
Notes of Decisions
Cited in 74
cases (19 in the last 5 years), 1991–2026 · leading case: State v. Dale R. Neumann, 2013 WI 58, 832 N.W.2d 560.
State v. Dale R. Neumann, 2013 WI 58, 832 N.W.2d 560. “6 Wis. Stat. § 948.03 . The title of the statute is "Physical abuse of a child.”
State v. Ginger M. Breitzman, 2017 WI 100, 904 N.W.2d 93. “¶13 The State charged Breitzman with the following five counts: (1) Physical Abuse of a Child (Intentional Causation of Bodily Harm) under Wis. Stat. § 948.03 (2)(b), as to striking J.”
State v. Rundle, 500 N.W.2d 916 (Wis. 1993). “Section 948.03 penalizes intentional causation of bodily and great bodily harm and reckless causation of bodily and great bodily harm.”
State v. Kimberly B., 2005 WI App 115, 699 N.W.2d 641. “appeals from a judgment of conviction for intentionally causing bodily harm to a child for whom she was responsible, contrary to Wis. Stat. §§ 948.03 (2)(b) and (5) (2001-02).”
State v. Williams, 2006 WI App 212, 723 N.W.2d 719. “Quentrell Williams appeals from a judgment entered on a jury verdict convicting him of recklessly causing harm to a child, contrary to Wis. Stat. § 948.03 (3)(b) (2003-04). 1 He also appeals from an order denying his postconviction motion for a new trial.”
State v. Sostre, 542 N.W.2d 774 (Wis. 1996). “responsible for the welfare of [a] child," and thereby subject to the penalty enhancer found in Wis. Stat. § 948.03 (5) (1993-94). 1 We hold that a live-in boyfriend can be a "person .”
United States v. Davis, 588 U.S. 445 (2019). “§§ 61 -8D-3(c), (d)(1) (2014) ("substantial risk of death or serious bodily injury" and "substantial risk of bodily injury"); Wis. Stat. §§ 948.03 (1), (4)(a), (b) (2016) ("unreasonable risk of harm," "unreasonable risk of great bodily harm," and "unreasonable risk of bodily…”
State v. Fleming, 510 N.W.2d 837 (Wis. Ct. App. 1993). “THE ISSUES (1) Did the prosecutor stipulate that the state would not request that the court instruct the jury on the lesser-included offense of intentionally causing bodily harm to a child, contrary to sec. 948.03(2)(b), Stats.? We conclude that the prosecutor did not so…”
State v. Marinez, 2011 WI 12, 797 N.W.2d 399. “As a result, Marinez was arrested on December 28, 2006, and later convicted of intentional child abuse which creates a high probability of great bodily harm, *577 contrary to Wis. Stat. § 948.03 (2)(c). 5 After this incident, M.”
State v. Kelty, 2006 WI 101, 716 N.W.2d 886. “¶ 5 The Wood County District Attorney subsequently charged Kelty with two counts of intentionally causing great bodily harm to a child in violation of Wis. Stat. § 948.03 (2)(a). The criminal complaint asserted that Kelty struck the baby in the head at least twice with two…”
State v. Ziegler, 2012 WI 73, 816 N.W.2d 238. “02(2); (8) physical abuse of Samantha, in violation of Wis. Stat. § 948.03 (2)(b); 8 (9) physical abuse of Kari, in violation of § 948.”
State v. Matthew A. Lonkoski, 2013 WI 30, 828 N.W.2d 552. “After the circuit court denied Lonkoski's motion to suppress, he pleaded guilty and was convicted of child abuse — recklessly causing great bodily harm in violation of Wis. Stat. § 948.03 (3)(a) 4 and neglecting a *528 child resulting in the child's death in violation of Wis.”
Wis. Stat. § 948.03(1): 5 cases
State v. Dale R. Neumann, 2013 WI 58, 832 N.W.2d 560. “6 Wis. Stat. § 948.03 . The title of the statute is "Physical abuse of a child.”
Thomas F. Benson v. City of Madison, 2017 WI 65, 897 N.W.2d 16.
State v. Hemphill, 2006 WI App 185, 722 N.W.2d 393.
State v. Leilani E. Neumann, No. 2011AP001105-CR (Wis. July 3, 2013).
State v. Leilani E. Neumann, No. 2011AP001105-CR (Wis. July 3, 2013).
Wis. Stat. § 948.03(2): 2 cases
State v. Rundle, 500 N.W.2d 916 (Wis. 1993). “Section 948.03 penalizes intentional causation of bodily and great bodily harm and reckless causation of bodily and great bodily harm.”
State v. Kimberly B., 2005 WI App 115, 699 N.W.2d 641. “appeals from a judgment of conviction for intentionally causing bodily harm to a child for whom she was responsible, contrary to Wis. Stat. §§ 948.03 (2)(b) and (5) (2001-02).”
Wis. Stat. § 948.03(2)(a): 6 cases
State v. Minerva Lopez, 2014 WI 11, 843 N.W.2d 390.
State v. Kimbrough, 2001 WI App 138, 630 N.W.2d 752.
State v. Koopmans, 550 N.W.2d 715 (Wis. Ct. App. 1996).
State v. Jamie Lee Weigel, 2022 WI App 48, 979 N.W.2d 646.
State v. Kimberly A. Howell, 978 N.W.2d 401 (Wis. Ct. App. 2022).
Wis. Stat. § 948.03(2)(b): 21 cases
State v. Ginger M. Breitzman, 2017 WI 100, 904 N.W.2d 93. “¶13 The State charged Breitzman with the following five counts: (1) Physical Abuse of a Child (Intentional Causation of Bodily Harm) under Wis. Stat. § 948.03 (2)(b), as to striking J.”
State v. Fleming, 510 N.W.2d 837 (Wis. Ct. App. 1993). “THE ISSUES (1) Did the prosecutor stipulate that the state would not request that the court instruct the jury on the lesser-included offense of intentionally causing bodily harm to a child, contrary to sec. 948.03(2)(b), Stats.? We conclude that the prosecutor did not so…”
State v. Ziegler, 2012 WI 73, 816 N.W.2d 238. “02(2); (8) physical abuse of Samantha, in violation of Wis. Stat. § 948.03 (2)(b); 8 (9) physical abuse of Kari, in violation of § 948.”
State v. Rundle, 500 N.W.2d 916 (Wis. 1993). “Section 948.03 penalizes intentional causation of bodily and great bodily harm and reckless causation of bodily and great bodily harm.”
State v. Clark, 507 N.W.2d 172 (Wis. Ct. App. 1993).
Wis. Stat. § 948.03(2)(c): 3 cases
State v. Fleming, 510 N.W.2d 837 (Wis. Ct. App. 1993). “THE ISSUES (1) Did the prosecutor stipulate that the state would not request that the court instruct the jury on the lesser-included offense of intentionally causing bodily harm to a child, contrary to sec. 948.03(2)(b), Stats.? We conclude that the prosecutor did not so…”
State v. Block, 587 N.W.2d 914 (Wis. Ct. App. 1998).
State v. Heitkemper, 538 N.W.2d 561 (Wis. Ct. App. 1995).
Wis. Stat. § 948.03(3): 2 cases
State v. Dale R. Neumann, 2013 WI 58, 832 N.W.2d 560. “6 Wis. Stat. § 948.03 . The title of the statute is "Physical abuse of a child.”
State v. Rundle, 500 N.W.2d 916 (Wis. 1993). “Section 948.03 penalizes intentional causation of bodily and great bodily harm and reckless causation of bodily and great bodily harm.”
Wis. Stat. § 948.03(3)(a): 11 cases
State v. Dale R. Neumann, 2013 WI 58, 832 N.W.2d 560. “6 Wis. Stat. § 948.03 . The title of the statute is "Physical abuse of a child.”
State v. Rundle, 500 N.W.2d 916 (Wis. 1993). “Section 948.03 penalizes intentional causation of bodily and great bodily harm and reckless causation of bodily and great bodily harm.”
State v. Owen, 551 N.W.2d 50 (Wis. Ct. App. 1996).
Monroe Cnty. v. JENNIFER V., 548 N.W.2d 837 (Wis. Ct. App. 1996).
State v. Miller, 605 N.W.2d 567 (Wis. Ct. App. 1999).
Wis. Stat. § 948.03(3)(b): 2 cases
State v. Kristine L. Buttke, 966 N.W.2d 276 (Wis. Ct. App. 2021).
State v. Jeffrey S. Decker, 6 N.W.3d 283 (Wis. Ct. App. 2024).
Wis. Stat. § 948.03(3)(c): 3 cases
State v. Dale R. Neumann, 2013 WI 58, 832 N.W.2d 560. “6 Wis. Stat. § 948.03 . The title of the statute is "Physical abuse of a child.”
State v. Leilani E. Neumann, No. 2011AP001105-CR (Wis. July 3, 2013).
State v. Leilani E. Neumann, No. 2011AP001105-CR (Wis. July 3, 2013).
Wis. Stat. § 948.03(4): 2 cases
State v. Rundle, 500 N.W.2d 916 (Wis. 1993). “Section 948.03 penalizes intentional causation of bodily and great bodily harm and reckless causation of bodily and great bodily harm.”
State v. Rundle, 488 N.W.2d 125 (Wis. Ct. App. 1992).
Wis. Stat. § 948.03(4)(a): 1 case
State v. Rundle, 500 N.W.2d 916 (Wis. 1993). “Section 948.03 penalizes intentional causation of bodily and great bodily harm and reckless causation of bodily and great bodily harm.”
Wis. Stat. § 948.03(4)(b): 1 case
State v. Etter L. Hughes, 984 N.W.2d 747 (Wis. Ct. App. 2022).
Wis. Stat. § 948.03(5): 4 cases
State v. Kimberly B., 2005 WI App 115, 699 N.W.2d 641. “appeals from a judgment of conviction for intentionally causing bodily harm to a child for whom she was responsible, contrary to Wis. Stat. §§ 948.03 (2)(b) and (5) (2001-02).”
State v. Speese, 528 N.W.2d 63 (Wis. Ct. App. 1995).
State v. Heitkemper, 538 N.W.2d 561 (Wis. Ct. App. 1995).
State v. Davis, 2016 WI App 73, 885 N.W.2d 807.
Wis. Stat. § 948.03(5)(b): 1 case
State v. Marion Larue Pattillo, 36 N.W.3d 228 (Wis. Ct. App. 2026).
Wis. Stat. § 948.03(5)(c): 1 case
State v. Etter L. Hughes, 984 N.W.2d 747 (Wis. Ct. App. 2022).
Wis. Stat. § 948.03(6): 3 cases
State v. Dale R. Neumann, 2013 WI 58, 832 N.W.2d 560. “6 Wis. Stat. § 948.03 . The title of the statute is "Physical abuse of a child.”
State v. Leilani E. Neumann, No. 2011AP001105-CR (Wis. July 3, 2013).
State v. Leilani E. Neumann, No. 2011AP001105-CR (Wis. July 3, 2013).
Wis. Stat. § 948.03(b): 4 cases
State v. Dale R. Neumann, 2013 WI 58, 832 N.W.2d 560. “6 Wis. Stat. § 948.03 . The title of the statute is "Physical abuse of a child.”
State v. Williams, 2006 WI App 212, 723 N.W.2d 719. “Quentrell Williams appeals from a judgment entered on a jury verdict convicting him of recklessly causing harm to a child, contrary to Wis. Stat. § 948.03 (3)(b) (2003-04). 1 He also appeals from an order denying his postconviction motion for a new trial.”
State v. Leilani E. Neumann, No. 2011AP001105-CR (Wis. July 3, 2013).
State v. Leilani E. Neumann, No. 2011AP001105-CR (Wis. July 3, 2013).
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