LRB-4357/1
JEO:kmg:ijs
1997 - 1998 LEGISLATURE
March 19, 1998 - Introduced by Representatives Baldwin, Ladwig, Brandemuehl,
Boyle, Musser, Notestein, Plouff, Riley and Sykora, cosponsored by Senator
Rosenzweig. Referred to Committee on Criminal Justice and Corrections.
AB932,1,2
1An Act to amend 940.19 (1); and
to create 940.19 (1m) of the statutes;
relating
2to: battery.
Analysis by the Legislative Reference Bureau
Under current law, a person who intentionally causes bodily harm to another
without that other person's consent may, upon conviction, be fined not more than
$10,000 or imprisoned for not more than 9 months or both. With one exception
covering athletic competition or training, this bill removes the nonconsent elements
of this crime. Thus, unless the exception applies, a person is subject to the penalties
if he or she intentionally causes bodily harm to another.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB932, s. 1
3Section
1. 940.19 (1) of the statutes is amended to read:
AB932,1,64
940.19
(1) Whoever causes bodily harm to another by an act done with intent
5to cause bodily harm to that person or another
without the consent of the person so
6harmed is guilty of a Class A misdemeanor.
AB932, s. 2
7Section
2. 940.19 (1m) of the statutes is created to read:
AB932,2,5
1940.19
(1m) A person has a defense to prosecution under sub. (1) if the victim
2consented to the act that caused the bodily harm and the victim was, at the time of
3the act, voluntarily participating in athletic competition or training. A defendant
4who raises this defense has the burden of proving the defense by a preponderance
5of the evidence.
AB932,2,87
(1) This act first applies to offenses committed on the effective date of this
8subsection.
