Wisconsin Statutes

Wis. Stat. § 948.04 (2026)

Causing mental harm to a child

✓ current as of July 2026
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948.04948.04Causing mental harm to a child.
948.04(1)(1)Whoever is exercising temporary or permanent control of a child and causes mental harm to that child by conduct which demonstrates substantial disregard for the mental well-being of the child is guilty of a Class F felony.
948.04(2)(2)A person responsible for the child’s welfare is guilty of a Class F felony if that person has knowledge that another person has caused, is causing or will cause mental harm to that child, is physically and emotionally capable of taking action which will prevent the harm, fails to take that action and the failure to act exposes the child to an unreasonable risk of mental harm by the other person or facilitates the mental harm to the child that is caused by the other person.
948.04 HistoryHistory: 1987 a. 332; 2001 a. 109.
Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 1998–2024 · leading case: State v. Inglin, 592 N.W.2d 666 (Wis. Ct. App. 1999).
State v. Inglin, 592 N.W.2d 666 (Wis. Ct. App. 1999). · cites it 11× “13 As Inglin points out, the effect of § 948.04, Stats., could not have been considered by the supreme court in State v.”
State v. Anderson, 588 N.W.2d 75 (Wis. Ct. App. 1998). · cites it 2× “, and two counts of causing mental harm to a child, § 948.04(1), Stats., and from an order denying his postconviction sentence modification motion.”
Riker v. Boughton (E.D. Wis. 2019). · cites it 4× “Causing Mental Harm to a Child counts The jury convicted the petitioner on two counts of causing mental harm to a child under Wis. Stat. §948.04 (1). That statute provides, “[w]hoever is exercising temporary or permanent control of a child and causes mental harm to that child by…”
State v. Genevieve S. Thornberry (Wis. Ct. App. 2019). · cites it 3× “Registration is not mandatory, however, because a violation of § 948.04 is not a “sex offense” under WIS.”
State v. Kimberly A. Howell (Wis. Ct. App. 2022). · cites it 2× “§ 948.04(1) and two counts of physical abuse of a child, intentional causation of bodily harm, in violation of WIS.”
State v. Christy Rose Tuchel (Wis. Ct. App. 2023). “§ 948.04 (2019-20),1 mistreatment of animals causing death as a party to a crime contrary to WIS.”
State v. Les Paul Henderson (Wis. Ct. App. 2024). “§ 948.04(1) (2021-22),2 and one count of fourth-degree sexual assault in violation of WIS.”
Neil Klosterman v. Sch. Dist. of Omro, 2022 WI App 54 (Wis. Ct. App. 2022). “03), mental harm (§ 948.04), sexual exploitation (§ 948.05), trafficking (§ 948.”
Wis. Stat. § 948.04(1): 4 cases
State v. Anderson, 588 N.W.2d 75 (Wis. Ct. App. 1998). “, and two counts of causing mental harm to a child, § 948.04(1), Stats., and from an order denying his postconviction sentence modification motion.”
State v. Genevieve S. Thornberry (Wis. Ct. App. 2019). “Registration is not mandatory, however, because a violation of § 948.04 is not a “sex offense” under WIS.”
State v. Kimberly A. Howell (Wis. Ct. App. 2022). “§ 948.04(1) and two counts of physical abuse of a child, intentional causation of bodily harm, in violation of WIS.”
State v. Les Paul Henderson (Wis. Ct. App. 2024). “§ 948.04(1) (2021-22),2 and one count of fourth-degree sexual assault in violation of WIS.”
Wis. Stat. § 948.04(2): 1 case
State v. Inglin, 592 N.W.2d 666 (Wis. Ct. App. 1999). “13 As Inglin points out, the effect of § 948.04, Stats., could not have been considered by the supreme court in State v.”
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