Wisconsin Statutes
Wis. Stat. § 948.40 (2026)
Contributing to the delinquency of a child
✓ current as of July 2026
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948.40(1)(1) No person may intentionally encourage or contribute to the delinquency of a child. This subsection includes intentionally encouraging or contributing to an act by a child under the age of 10 which would be a delinquent act if committed by a child 10 years of age or older.
948.40(2)(2) No person responsible for the child’s welfare may, by disregard of the welfare of the child, contribute to the delinquency of the child. This subsection includes disregard that contributes to an act by a child under the age of 10 that would be a delinquent act if committed by a child 10 years of age or older.
948.40(3)(3) Under this section, a person encourages or contributes to the delinquency of a child although the child does not actually become delinquent if the natural and probable consequences of the person’s actions or failure to take action would be to cause the child to become delinquent.
948.40(4)(b)(b) If the child’s act which is encouraged or contributed to is a violation of a state or federal criminal law which is punishable as a felony, the person is guilty of a Class H felony.
948.40 AnnotationThe punishments for first-degree reckless homicide by delivery of a controlled substance under s. 940.02 (2) (a) and contributing to the delinquency of a child with death as a consequence in violation of subs. (1) and (4) (a) are not multiplicitous when both convictions arise from the same death. State v. Patterson, 2010 WI 130, 329 Wis. 2d 599, 790 N.W.2d 909, 08-1968.
948.40 AnnotationSub. (1) proscribes contributing to the delinquency of any child under the age of 18. The definition of “child” in s. 948.01 (1) excludes those over 17 only for the “purposes of prosecuting” a person charged with violating this section and not that person’s victim. State v. Patterson, 2010 WI 130, 329 Wis. 2d 599, 790 N.W.2d 909, 08-1968.
Notes of Decisions
Cited in 5
cases, 1998–2011 · leading case: State v. Patterson, 2010 WI 130 (Wis. 2010).
State v. Patterson, 2010 WI 130 (Wis. 2010). “02 (2)(a)' (2007-08) 2 and contributing to the delinquency of a child with death as a consequence contrary *607 to Wis. Stat. § 948.40 (1), (4)(a). 3 After a jury convicted him of both offenses, Patterson moved the Juneau County Circuit Court, the Honorable Charles A.”
State v. Patterson, 2009 WI App 161 (Wis. Ct. App. 2009). “02 (2)(a), and contributing to the delinquency of a child with death as a consequence, under Wis. Stat. § 948.40 (4)(a). 1 Patterson argues that these two charges are multiplicitous and that the evidence was insufficient to convict him for contributing to the delinquency of…”
State v. Williams, 2002 WI 58 (Wis. 2002). “defendant intentionally encouraged or contributed to the delinquency of (name of child).”
Madison Metro. Sch. Dist. v. Circuit Court, 2011 WI 72 (Wis. 2011). “As noted previously, this question of statutory interpretation of Wis. Stat. § 938.45 (1) is one of first impression.”
C.L. Ex Rel. Guerin v. Sch. Dist. of Menomonee Falls, 585 N.W.2d 826 (Wis. Ct. App. 1998). “; (2) contributing to the delinquency of a minor, contrary to § 948.40, Stats.; (3) intentional infliction of emotional distress; and (4) in the alternative, negligent infliction of emotional distress in that Bauernfeind knew or should have known that his conduct might harm T.”
— Wis. Stat. § 948.40(1) — 3 cases
State v. Patterson, 2010 WI 130 (Wis. 2010). “02 (2)(a)' (2007-08) 2 and contributing to the delinquency of a child with death as a consequence contrary *607 to Wis. Stat. § 948.40 (1), (4)(a). 3 After a jury convicted him of both offenses, Patterson moved the Juneau County Circuit Court, the Honorable Charles A.”
State v. Williams, 2002 WI 58 (Wis. 2002). “defendant intentionally encouraged or contributed to the delinquency of (name of child).”
State v. Patterson, 2009 WI App 161 (Wis. Ct. App. 2009). “02 (2)(a), and contributing to the delinquency of a child with death as a consequence, under Wis. Stat. § 948.40 (4)(a). 1 Patterson argues that these two charges are multiplicitous and that the evidence was insufficient to convict him for contributing to the delinquency of…”
— Wis. Stat. § 948.40(4)(a) — 1 case
State v. Patterson, 2009 WI App 161 (Wis. Ct. App. 2009). “02 (2)(a), and contributing to the delinquency of a child with death as a consequence, under Wis. Stat. § 948.40 (4)(a). 1 Patterson argues that these two charges are multiplicitous and that the evidence was insufficient to convict him for contributing to the delinquency of…”
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