Wisconsin Statutes
Wis. Stat. § 948.21 (2026)
Neglecting a child
✓ current as of July 2026
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948.21(1)(a)(a) “Child sex offense” means an offense under s. 948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.07, 948.072, 948.08, 948.10, 948.11, or 948.12.
948.21(1)(c)(c) “Necessary care” means care that is vital to the needs of a child’s physical, emotional, or mental health based on all of the facts and circumstances bearing on the child’s need for care, including the child’s age; the child’s physical, mental, or emotional condition; and any special needs of the child.
948.21(1)(d)(d) “Negligently” means acting, or failing to act, in such a way that a reasonable person would know or should know seriously endangers the physical, mental, or emotional health of a child.
948.21(2)(2) Neglect. Any person who is responsible for a child’s welfare who, through his or her action or failure to take action, for reasons other than poverty, negligently fails to provide any of the following, so as to seriously endanger the physical, mental, or emotional health of the child, is guilty of neglect and may be penalized as provided in sub. (3):
948.21(2)(g)(g) The protection from exposure to the distribution or manufacture of controlled substances, as defined in s. 961.01 (4), or controlled substance analogs, as defined in s. 961.01 (4m), or to drug abuse, as defined in s. 46.973 (1) (b).
948.21(3)(e)(e) A Class I felony if the natural and probable consequences of the violation would be a harm under par. (a), (b), (c), or (d) although the harm did not actually occur if one of the following applies:
948.21(3)(e)2.2. The child has a physical, cognitive, or developmental disability that was known or should have been known by the actor.
948.21(3)(f)(f) A Class A misdemeanor if the natural and probable consequences of the violation would be a harm under par. (a), (b), (c), or (d) although the harm did not actually occur.
Notes of Decisions
Cited in 22
cases (9 in the last 5 years), 1992–2025 · leading case: State v. Ginger M. Breitzman, 2017 WI 100 (Wis. 2017).
State v. Ginger M. Breitzman, 2017 WI 100 (Wis. 2017). “21 (1)(b); (4) Child Neglect (Misdemeanor) under Wis. Stat. § 948.21 (1)(a); and (5) Disorderly Conduct under Wis.”
State v. Dale R. Neumann, 2013 WI 58 (Wis. 2013). “Wis. Stat. § 948.21 (1). ¶192 Wisconsin Stat.”
State v. Matthew A. Lonkoski, 2013 WI 30 (Wis. 2013). “03 (3)(a) 4 and neglecting a *528 child resulting in the child's death in violation of Wis. Stat. § 948.21 (l)(d). ¶ 5. We hold that the circuit court properly denied the motion to suppress because Lonkoski was not in custody when he asked for an attorney, and therefore, Miranda…”
State v. Kirschbaum, 535 N.W.2d 462 (Wis. Ct. App. 1995). “Lisa Kirschbaum appeals from a judgment convicting her of child neglect with death as a consequence, in violation of § 948.21(1), STATS. Kirschbaum raises two issues on appeal.”
State v. Evans, 492 N.W.2d 141 (Wis. 1992). “The defendant argues that both of these cases support his assertion that he is not responsible for the five neglected children under sec. 948.21, Stats., because he has never been adjudicated their father.”
State v. Bellows, 582 N.W.2d 53 (Wis. Ct. App. 1998). “Section 948.21, Stats., provides: Neglecting a child.”
Ibarra v. Holder, Jr., 736 F.3d 903 (10th Cir. 2013). “2-371 23 (Michie, Westlaw *920 through 1996 legislation); Wisconsin: Wis. Stat. §§ 948.21 , 948.03(4), 948.04(2), 948.”
State v. Leilani E. Neumann (Wis. 2013). “Wis. Stat. § 948.21 (1). ¶192 Wisconsin Stat.”
State v. Leilani E. Neumann (Wis. 2013). “Wis. Stat. § 948.21 (1). ¶192 Wisconsin Stat.”
State v. Tashard Javon Black (Wis. Ct. App. 2022). “3 The State’s response brief describes the elements of child neglect as they are set forth in WIS JI—CRIMINAL 2150 (July 2019).”
Brown Cnty. Dep't of Human Servs. v. S. K. (Wis. Ct. App. 2023). “§ 948.21. The court then reasoned, “It is well understood that if one is convicted of a crime under a party to a crime theory of aiding or abetting or as part of a conspiracy, he [or she] is just as legally guilty as if he [or she] had directly committed the crime.”
Rafael Diaz-rodriguez v. Merrick Garland (9th Cir. 2022). “§ 609-378 (a) (Minnesota); Wis. Stat. § 948.21 (Wisconsin). 17 For “neglect” crimes with a mens rea of recklessness or greater with an injury requirement, see, e.”
— Wis. Stat. § 948.21(1) — 4 cases
State v. Kirschbaum, 535 N.W.2d 462 (Wis. Ct. App. 1995). “Lisa Kirschbaum appeals from a judgment convicting her of child neglect with death as a consequence, in violation of § 948.21(1), STATS. Kirschbaum raises two issues on appeal.”
State v. Evans, 492 N.W.2d 141 (Wis. 1992). “The defendant argues that both of these cases support his assertion that he is not responsible for the five neglected children under sec. 948.21, Stats., because he has never been adjudicated their father.”
State v. Bellows, 582 N.W.2d 53 (Wis. Ct. App. 1998). “Section 948.21, Stats., provides: Neglecting a child.”
State v. French, 690 N.W.2d 884 (Wis. Ct. App. 2004).
— Wis. Stat. § 948.21(1)(a) — 1 case
State v. Ginger M. Breitzman, 2017 WI 100 (Wis. 2017). “21 (1)(b); (4) Child Neglect (Misdemeanor) under Wis. Stat. § 948.21 (1)(a); and (5) Disorderly Conduct under Wis.”
— Wis. Stat. § 948.21(1)(b) — 1 case
State v. Tashard Javon Black (Wis. Ct. App. 2022). “3 The State’s response brief describes the elements of child neglect as they are set forth in WIS JI—CRIMINAL 2150 (July 2019).”
— Wis. Stat. § 948.21(1)(c) — 1 case
State v. Etter L. Hughes (Wis. Ct. App. 2022).
— Wis. Stat. § 948.21(1)(d) — 3 cases
State v. Dale R. Neumann, 2013 WI 58 (Wis. 2013). “Wis. Stat. § 948.21 (1). ¶192 Wisconsin Stat.”
State v. Leilani E. Neumann (Wis. 2013). “Wis. Stat. § 948.21 (1). ¶192 Wisconsin Stat.”
State v. Leilani E. Neumann (Wis. 2013). “Wis. Stat. § 948.21 (1). ¶192 Wisconsin Stat.”
— Wis. Stat. § 948.21(2) — 3 cases
State v. Bellows, 582 N.W.2d 53 (Wis. Ct. App. 1998). “Section 948.21, Stats., provides: Neglecting a child.”
State v. Michael Moore (Wis. Ct. App. 2023).
State v. Kimberly A. Howell (Wis. Ct. App. 2022).
— Wis. Stat. § 948.21(l)(a) — 1 case
State v. Ginger M. Breitzman, 2017 WI 100 (Wis. 2017). “21 (1)(b); (4) Child Neglect (Misdemeanor) under Wis. Stat. § 948.21 (1)(a); and (5) Disorderly Conduct under Wis.”
— Wis. Stat. § 948.21(l)(d) — 1 case
State v. Dale R. Neumann, 2013 WI 58 (Wis. 2013). “Wis. Stat. § 948.21 (1). ¶192 Wisconsin Stat.”
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