Wisconsin Statutes

Wis. Stat. § 950.02 (2026)

Definitions

✓ current as of July 2026
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950.02950.02Definitions. In this chapter:
950.02(1)(1)Except in sub. (3), “child” means a person who is less than 18 years of age.
950.02(1m)(1m)“Crime” means an act committed in this state which, if committed by a competent adult, would constitute a crime, as defined in s. 939.12.
950.02(1t)(1t)“Custodial agency” means any person authorized to arrest or take into actual physical custody an individual who is alleged to have committed a crime. “Custodial agency” includes a law enforcement agency, a sheriff, superintendent or other keeper of a jail and a person authorized to take custody of a juvenile under s. 938.19 or 938.20 (4).
950.02(2)(2)“Department” means the department of justice.
950.02(2m)(2m)“District attorney” means any of the following:
950.02(2m)(a)(a) The district attorney or other person authorized to prosecute a criminal case or a delinquency proceeding under ch. 938.
950.02(2m)(b)(b) A person designated by a person specified in par. (a) to perform the district attorney’s duties under this chapter.
950.02(3)(3)“Family member” means spouse, minor child, adult child, sibling, parent, or legal guardian.
950.02(3m)(3m)“Law enforcement agency” has the meaning given in s. 165.83 (1) (b).
950.02(4)(4)
950.02(4)(a)(a) “Victim” means any of the following:
950.02(4)(a)1.1. A person against whom a crime has been committed.
950.02(4)(a)2.2. If the person specified in subd. 1. is a child, a parent, guardian or legal custodian of the child.
950.02(4)(a)3.3. If a person specified in subd. 1. is physically or emotionally unable to exercise the rights granted under s. 950.04 or article I, section 9m, of the Wisconsin constitution, a person designated by the person specified in subd. 1. or a family member of the person specified in subd. 1.
950.02(4)(a)4.4. If a person specified in subd. 1. is deceased, any of the following:
950.02(4)(a)4.a.a. A family member of the person who is deceased.
950.02(4)(a)4.b.b. A person who resided with the person who is deceased.
950.02(4)(a)5.5. If a person specified in subd. 1. has been adjudicated incompetent in this state, the guardian of the person appointed for him or her.
950.02(4)(b)(b) “Victim” does not include the person charged with or alleged to have committed the crime.
950.02(4g)(4g)“Victim advocate” has the meaning given in s. 905.045 (1) (e).
950.02(4m)(4m)“Victim and witness office” means an organization or program that provides services for which the county receives reimbursement under this chapter.
950.02(5)(5)“Witness” means any person who has been or is expected to be summoned to testify for the prosecution, or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether or not any action or proceeding has yet been commenced.
Notes of Decisions
Cited in 22 cases (11 in the last 5 years), 1992–2026 · leading case: State v. Ryan M. Muth, 2020 WI 65 (Wis. 2020).
State v. Ryan M. Muth, 2020 WI 65 (Wis. 2020). · cites it 23× “2d 871 , ¶¶18–19 (explaining that stepparents are not victims under Wis. Stat. § 950.02 (4)(a)4.). ¶46 Accordingly, the spouses of H.”
State v. Gribble, 2001 WI App 227 (Wis. Ct. App. 2001). · cites it 17× “Finally, because there is a definition of "victim" in Wis. Stat. § 950.02 (4)(a), and because that is a related statute, "victim" could reasonably be interpreted according to that definition.”
State v. Johnson, 2002 WI App 166 (Wis. Ct. App. 2002). · cites it 10× “" However, in a case decided after the briefing in this case was completed, we held that " 'victim' in Wis.”
State v. Alan S. Johnson, 2023 WI 39 (Wis. 2023). · cites it 2× “Even though a Shiffra motion could in theory seek in 2 camera review of any witness's records, as a practical matter, such motions almost always seek review of the victim's records.”
State v. Annala, 484 N.W.2d 138 (Wis. 1992). · cites it 4× “Section 950.02(1m), Stats. Any interpretation of sec.”
State v. Hoseman, 2011 WI App 88 (Wis. Ct. App. 2011). · cites it 6× “The court concluded that conducting the criminal enterprise in the Burbeys' house made them victims as defined in Wis. Stat. § 950.02 (4)(a)l., entitling them to restitution under Wis.”
State v. Vinje, 548 N.W.2d 118 (Wis. Ct. App. 1996). · cites it 4× “" Section 950.02(4), STATS. According to the attorney general, ch.”
State v. Agosto, 2008 WI App 149 (Wis. Ct. App. 2008). · cites it 4× “" Wis. Stat. § 950.02 (4)(a)l; see State v.”
State v. Howard-Hastings, 579 N.W.2d 290 (Wis. Ct. App. 1998). · cites it 2× “, defines a victim as any "person who is injured," and § 950.02(4), Stats., defines a victim as "a person against whom a crime has been committed.”
State v. Timothy D. Wright (Wis. Ct. App. 2021). · cites it 4× “§ 950.02(4)(a).” Gribble, 248 Wis. 2d 409, ¶71 .”
State v. Rychtik, 926 N.W.2d 511 (Wis. Ct. App. 2019). · cites it 3× “See § 950.02(3). Therefore, both Kathy and Felicia are eligible for restitution.”
State v. Michael A. Rakel (Wis. Ct. App. 2021). · cites it 3× “As a result, Rakel contends there is no statutory authority for the circuit court to include an amount in the restitution award representing anticipated child support that would have been paid by the deceased. ¶16 Rakel does acknowledge that WIS.”
— Wis. Stat. § 950.02(1m) — 1 case
State v. Annala, 484 N.W.2d 138 (Wis. 1992). “Section 950.02(1m), Stats. Any interpretation of sec.”
— Wis. Stat. § 950.02(3) — 4 cases
State v. Ryan M. Muth, 2020 WI 65 (Wis. 2020). “2d 871 , ¶¶18–19 (explaining that stepparents are not victims under Wis. Stat. § 950.02 (4)(a)4.). ¶46 Accordingly, the spouses of H.”
State v. Gribble, 2001 WI App 227 (Wis. Ct. App. 2001). “Finally, because there is a definition of "victim" in Wis. Stat. § 950.02 (4)(a), and because that is a related statute, "victim" could reasonably be interpreted according to that definition.”
State v. Rychtik, 926 N.W.2d 511 (Wis. Ct. App. 2019). “See § 950.02(3). Therefore, both Kathy and Felicia are eligible for restitution.”
Michael A. Sveum v. Lance A. Wiersma (Wis. Ct. App. 2021).
— Wis. Stat. § 950.02(4) — 5 cases
State v. Vinje, 548 N.W.2d 118 (Wis. Ct. App. 1996). “" Section 950.02(4), STATS. According to the attorney general, ch.”
State v. Gribble, 2001 WI App 227 (Wis. Ct. App. 2001). “Finally, because there is a definition of "victim" in Wis. Stat. § 950.02 (4)(a), and because that is a related statute, "victim" could reasonably be interpreted according to that definition.”
State v. Howard-Hastings, 579 N.W.2d 290 (Wis. Ct. App. 1998). “, defines a victim as any "person who is injured," and § 950.02(4), Stats., defines a victim as "a person against whom a crime has been committed.”
State v. Terrance L. Curtis (Wis. Ct. App. 2019).
State v. Michael A. Rakel (Wis. Ct. App. 2021). “As a result, Rakel contends there is no statutory authority for the circuit court to include an amount in the restitution award representing anticipated child support that would have been paid by the deceased. ¶16 Rakel does acknowledge that WIS.”
— Wis. Stat. § 950.02(4)(a) — 15 cases
State v. Ryan M. Muth, 2020 WI 65 (Wis. 2020). “2d 871 , ¶¶18–19 (explaining that stepparents are not victims under Wis. Stat. § 950.02 (4)(a)4.). ¶46 Accordingly, the spouses of H.”
State v. Gribble, 2001 WI App 227 (Wis. Ct. App. 2001). “Finally, because there is a definition of "victim" in Wis. Stat. § 950.02 (4)(a), and because that is a related statute, "victim" could reasonably be interpreted according to that definition.”
State v. Johnson, 2002 WI App 166 (Wis. Ct. App. 2002). “" However, in a case decided after the briefing in this case was completed, we held that " 'victim' in Wis.”
State v. Hoseman, 2011 WI App 88 (Wis. Ct. App. 2011). “The court concluded that conducting the criminal enterprise in the Burbeys' house made them victims as defined in Wis. Stat. § 950.02 (4)(a)l., entitling them to restitution under Wis.”
State v. Timothy D. Wright (Wis. Ct. App. 2021). “§ 950.02(4)(a).” Gribble, 248 Wis. 2d 409, ¶71 .”
— Wis. Stat. § 950.02(4)(b) — 1 case
— Wis. Stat. § 950.02(lm) — 1 case
State v. Annala, 484 N.W.2d 138 (Wis. 1992). “Section 950.02(1m), Stats. Any interpretation of sec.”
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