Elder Abuse and Elder Financial Exploitation Statutes

The federal government, states, commonwealths, territories and the District of Columbia all have laws designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others. These laws vary considerably from state to state.
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Citation Statute
Criminal Elder Abuse
Del. Code Ann. tit. 31, § 3913

(a) Any person who knowingly or recklessly abuses, neglects, exploits or mistreats an adult who is impaired shall be guilty of a class A misdemeanor.

(b) Any person who knowingly or recklessly exploits an adult who is impaired by using the resources of an adult who is impaired shall be guilty of a class A misdemeanor where the value of the resources is less than $500 and a class G felony where the value of the resources is $500 or more but less than $5,000. If the value of the resources is $5,000 or more but less than $10,000, the person shall be guilty of a class E felony. If the value of the resources is $10,000 or more but less than $50,000, the person shall be guilty of a class D felony and if the value of the resources is $50,000 or more the person shall be guilty of a class C felony. Any subsequent conviction under this subsection shall be treated as a class C felony regardless of the amount of resources exploited.

(c) Any person who knowingly or recklessly abuses, neglects, exploits or mistreats an adult who is impaired, and causes bodily harm, permanent disfigurement or permanent disability shall be guilty of a class D felony. Where the abuse, mistreatment or neglect results in death, such person shall be guilty of a class A felony.

http://delcode.delaware.gov/title31/c039/index.sht...
Criminal Elder Abuse
S.C. Code Ann. §  16-1-60

For purposes of definition under South Carolina law, a violent crime includes the offenses of: murder (Section 16 3 10); attempted murder (Section 16 3 29); assault and battery by mob, first degree, resulting in death (Section 16 3 210(B)), criminal sexual conduct in the first and second degree (Sections 16 3 652 and 16 3 653); criminal sexual conduct with minors, first, second, and third degree (Section 16 3 655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16 3 656); assault and battery with intent to kill (Section 16 3 620); assault and battery of a high and aggravated nature (Section 16 3 600(B)); kidnapping (Section 16 3 910); trafficking in persons (Section 16 3 2020); voluntary manslaughter (Section 16 3 50); armed robbery (Section 16 11 330(A)); attempted armed robbery (Section 16 11 330(B)); carjacking (Section 16 3 1075); drug trafficking as defined in Section 44 53 370(e) or trafficking cocaine base as defined in Section 44 53 375(C); manufacturing or trafficking methamphetamine as defined in Section 44 53 375; arson in the first degree (Section 16 11 110(A)); arson in the second degree (Section 16 11 110(B)); burglary in the first degree (Section 16 11 311); burglary in the second degree (Section 16 11 312(B)); engaging a child for a sexual performance (Section 16 3 810); homicide by child abuse (Section 16 3 85(A)(1)); aiding and abetting homicide by child abuse (Section 16 3 85(A)(2)); inflicting great bodily injury upon a child (Section 16 3 95(A)); allowing great bodily injury to be inflicted upon a child (Section 16 3 95(B)); domestic violence of a high and aggravated nature (Section 16 25 65); domestic violence in the first degree (Section 16 25 20(B)); abuse or neglect of a vulnerable adult resulting in death (Section 43 35 85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43 35 85(E)); taking of a hostage by an inmate (Section 24 13 450); detonating a destructive device upon the capitol grounds resulting in death with malice (Section 10 11 325(B)(1)); spousal sexual battery (Section 16 3 615); producing, directing, or promoting sexual performance by a child (Section 16 3 820); sexual exploitation of a minor first degree (Section 16 15 395); sexual exploitation of a minor second degree (Section 16 15 405); promoting prostitution of a minor (Section 16 15 415); participating in prostitution of a minor (Section 16 15 425); aggravated voyeurism (Section 16 17 470(C)); detonating a destructive device resulting in death with malice (Section 16 23 720(A)(1)); detonating a destructive device resulting in death without malice (Section 16 23 720(A)(2)); boating under the influence resulting in death (Section 50 21 113(A)(2)); vessel operator’s failure to render assistance resulting in death (Section 50 21 130(A)(3)); damaging an airport facility or removing equipment resulting in death (Section 55 1 30(3)); failure to stop when signaled by a law enforcement vehicle resulting in death (Section 56 5 750(C)(2)); interference with traffic control devices, railroad signs, or signals resulting in death (Section 56 5 1030(B)(3)); hit and run resulting in death (Section 56 5 1210(A)(3)); felony driving under the influence or felony driving with an unlawful alcohol concentration resulting in death (Section 56 5 2945(A)(2)); putting destructive or injurious materials on a highway resulting in death (Section 57 7 20(D)); obstruction of a railroad resulting in death (Section 58 17 4090); accessory before the fact to commit any of the above offenses (Section 16 1 40); and attempt to commit any of the above offenses (Section 16 1 80). Only those offenses specifically enumerated in this section are considered violent offenses.

http://www.scstatehouse.gov/code/title16.php
Criminal Elder Abuse
Mich. Comp. Laws § 750.145n

(1) A caregiver is guilty of vulnerable adult abuse in the first degree if the caregiver intentionally causes serious physical harm or serious mental harm to a vulnerable adult. Vulnerable adult abuse in the first degree is a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

(2) A caregiver or other person with authority over the vulnerable adult is guilty of vulnerable adult abuse in the second degree if the reckless act or reckless failure to act of the caregiver or other person with authority over the vulnerable adult causes serious physical harm or serious mental harm to a vulnerable adult. Vulnerable adult abuse in the second degree is a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.

(3) A caregiver is guilty of vulnerable adult abuse in the third degree if the caregiver intentionally causes physical harm to a vulnerable adult. Vulnerable adult abuse in the third degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00, or both.

(4) A caregiver or other person with authority over the vulnerable adult is guilty of vulnerable adult abuse in the fourth degree if the reckless act or reckless failure to act of the caregiver or other person with authority over a vulnerable adult causes physical harm to the vulnerable adult or the caregiver or other person with authority over the vulnerable adult knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a vulnerable adult, regardless of whether physical harm results. Vulnerable adult abuse in the fourth degree is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(5) This section does not prohibit a caregiver or other person with authority over a vulnerable adult from taking reasonable action to prevent a vulnerable adult from being harmed or from harming others.

(6) This section does not apply to an act or failure to act that is carried out as directed by a patient advocate under a patient advocate designation executed in accordance with sections 5506 to 5515 of the estates and protected individuals code, 1998 PA 386, MCL 700.5506 to 700.5515.


History: Add. 1994, Act 149, Eff. Oct. 1, 1994 ;-- Am. 2000, Act 66, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 559, Imd. Eff. Jan. 3, 2005 ;-- Am. 2016, Act 480, Eff. Apr. 6, 2017

http://www.legislature.mi.gov/(S(l41hfragk4vtqiubf...
Criminal Elder Abuse
Neb. Rev. Stat. § 28-371.

Vulnerable adult means any person eighteen years of age or older who has a substantial mental or functional impairment or for whom a guardian or conservator has been appointed under the Nebraska Probate Code.

https://nebraskalegislature.gov/laws/statutes.php?...
Criminal Elder Abuse
N.Y. Penal Law § 260.31

 For the purpose of sections 260.32 and 260.34 of this article, the following definitions shall apply:
  1. "Caregiver" means a person who (i) assumes responsibility for the care of a vulnerable elderly person pursuant to a court order; or (ii) receives monetary or other valuable consideration for providing care for a vulnerable elderly person.
  2. "Sexual contact" means any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing.
  3. "Vulnerable elderly person" means a person sixty years of age or older who is suffering from a disease or infirmity associated with advanced age and manifested by demonstrable physical, mental or emotional dysfunction to the extent that the person is incapable of adequately providing for his or her own health or personal care.
  4. "Incompetent or physically disabled person" means an individual who is unable to care for himself or herself because of physical disability, mental disease or defect.

http://ypdcrime.com/penal.law/article260.htm#p260....
Criminal Elder Abuse
9 Guam Code Ann. § 80.37.3.

(a) Whoever commits or attempts to commit upon a vulnerable victim, a violent felony as defined in 9 GCA, § 80.70, or theft as a second degree or third degree felony under 9 GCA, § 43.15, § 43.20, § 43.30, § 43.35, § 43.40, § 43.45, § 43.50, § 43.55, or § 43.60, or crimes of forgery or fraudulent practices under 9 GCA, § 46.10, § 46.15, § 46.20, § 46.25, § 46.35, § 46.50, § 46.75, or § 46.80, shall, in addition to the sentence imposed for the commission of such felony, be imprisoned for a term of not less than five years nor more than twenty-five years, or shall, in addition to the sentence imposed for the commission of a misdemeanor or petty misdemeanor, be imprisoned for a term of not less than sixty days nor more than one year.
(b) A sentence imposed under Subsection (a) of this Section for a felony shall include a special parole term of not less than three years nor more than five years, in addition to the term of imprisonment. No person convicted and sentenced under this Section for a felony shall be eligible for parole or probation until he serves at least five years in prison, or no person convicted and sentenced under this Section for a misdemeanor or petty misdemeanor shall be eligible for probation until he serves at least sixty days in jail or prison.
(c) A vulnerable victim is defined as the following:
(1) an elderly person or senior citizen who is fifty-five years old or older at the time of the crime committed upon him or her;
(2) a child who is thirteen years old or younger at the time of the crime committed upon him or her;
(3) a tourist or visitor (A) who is a citizen and resident of a country other than the United States, or its territories, and visiting Guam with a round-trip airline ticket for a duration of no more than forty-five days, or (B) who is a citizen or national or permanent resident of the United States, but is not a resident of Guam, and is visiting Guam with a round-trip airline ticket for a duration of no more than forty-five days;
(4) an individual who at the time of the crime committed upon him or her has a physical or mental disability or disabilities, as defined in a provision of local or federal law, or as certified by a physician or mental health professional; or
(5) any person who is a victim of a crime, as identified in this Act, committed by two or more individuals.

http://www.guamcourts.org/CompilerofLaws/GCA/09gca...
Criminal Elder Abuse
Mich. Comp. Laws § 750.174a

(1) A person shall not through fraud, deceit, misrepresentation, coercion, or unjust enrichment obtain or use or attempt to obtain or use a vulnerable adult's money or property to directly or indirectly benefit that person knowing or having reason to know the vulnerable adult is a vulnerable adult.

(2) If the money or property used or obtained, or attempted to be used or obtained, has a value of less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the money or property used or obtained or attempted to be used or obtained, whichever is greater, or both imprisonment and a fine.

(3) If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the money or property used or obtained or attempted to be used or obtained, whichever is greater, or both imprisonment and a fine:

(a) The money or property used or obtained, or attempted to be used or obtained, has a value of $200.00 or more but less than $1,000.00.

(b) The person violates subsection (2) and has 1 or more prior convictions for committing or attempting to commit an offense under this section.

(4) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the money or property used or obtained or attempted to be used or obtained, whichever is greater, or both imprisonment and a fine:

(a) The money or property used or obtained, or attempted to be used or obtained, has a value of $1,000.00 or more but less than $20,000.00.

(b) The person violates subsection (3)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(5) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the money or property used or obtained or attempted to be used or obtained, whichever is greater, or both imprisonment and a fine:

(a) The money or property used or obtained, or attempted to be used or obtained, has a value of $20,000.00 or more but less than $50,000.00.

(b) The person violates subsection (4)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(6) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $15,000.00 or 3 times the value of the money or property used or obtained or attempted to be used or obtained, whichever is greater, or both imprisonment and a fine:

(a) The money or property used or obtained, or attempted to be used or obtained, has a value of $50,000.00 or more but less than $100,000.00.

(b) The person violates subsection (5)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(7) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $50,000.00 or 3 times the value of the money or property used or obtained or attempted to be used or obtained, whichever is greater, or both imprisonment and a fine:

(a) The money or property used or obtained, or attempted to be used or obtained, has a value of $100,000.00 or more.

(b) The person violates subsection (6)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(8) Except as otherwise provided in this subsection, the values of money or property used or obtained or attempted to be used or obtained in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of money or personal property used or obtained or attempted to be used or obtained. If the scheme or course of conduct is directed against only 1 person, no time limit applies to aggregation under this subsection.

(9) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

(a) A copy of the judgment of conviction.

(b) A transcript of a prior trial, plea-taking, or sentencing.

(c) Information contained in a presentence report.

(d) The defendant's statement.

(10) If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions shall not be used to further enhance the sentence for the conviction under section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.

(11) A financial institution or a broker or a director, officer, employee, or agent of a financial institution or broker is not in violation of this section while performing duties in the normal course of business of a financial institution or broker or a director, officer, employee, or agent of a financial institution or broker.

(13) The court may order a sentence imposed for a violation of subsection (4), (5), (6), or (7) to be served consecutively to any other sentence imposed for a violation of this section.

(14) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law the person commits while violating this section.

(15) As used in this section:

(a) "Broker" means that term as defined in section 8102 of the uniform commercial code, 1962 PA 174, MCL 440.8102.

(b) "Financial institution" means a bank, credit union, saving bank, or a savings and loan chartered under state or federal law or an affiliate of a bank, credit union, saving bank, or savings and loan chartered under state or federal law.

(c) "Vulnerable adult" means that term as defined in section 145m, whether or not the individual has been determined by the court to be incapacitated.

(16) If the office of services to the aging becomes aware of a violation of this section, the office of services to the aging shall promptly report the violation to the department of human services.


History: Add. 2000, Act 222, Eff. Sept. 25, 2000 ;-- Am. 2004, Act 255, Eff. Sept. 1, 2004 ;-- Am. 2012, Act 172, Imd. Eff. June 19, 2012 ;-- Am. 2013, Act 34, Imd. Eff. May 21, 2013

http://www.legislature.mi.gov/(S(ykdcmr5ry4hr50kk1...
Criminal Elder Abuse
Iowa Code § 726.8

726.8 Wanton neglect or nonsupport of a dependent adult.
1. A caretaker commits wanton neglect of a dependent adult if the caretaker knowingly
acts in a manner likely to be injurious to the physical, mental, or emotional welfare of a
dependent adult. Wanton neglect of a dependent adult is a serious misdemeanor.
2. A person who has legal responsibility either through contract or court order for support
of a dependent adult and who fails or refuses to provide support commits nonsupport.
Nonsupport is a class “D” felony.
3. A person alleged to have committed wanton neglect or nonsupport of a dependent adult
shall be charged with the respective offense unless a charge may be brought based upon a
more serious offense, in which case the charge of the more serious offense shall supersede
the less serious charge.
4. For the purposes of this section, “dependent adult” means a dependent adult as defined
in section 235B.2, subsection

https://www.legis.iowa.gov/law/iowaCode/sections?c...
Criminal Elder Abuse
Tenn. Code Ann. § 71-6-117.

(a) It is an offense for any person to knowingly, other than by accidental means, abuse, neglect or exploit any adult within the meaning of the provisions of this part.
(b) A violation of this section is a Class E felony.

https://www.lawserver.com/law/state/tennessee/tn-c...
Criminal Elder Abuse
Wis. Stat. § 939.22

In chs. 939 to 948 and 951, the following words and phrases have the designated meanings unless the context of a specific section manifestly requires a different construction or the word or phrase is defined in s. 948.01 for purposes of ch. 948:
(2) “Airgun" means a weapon which expels a missile by the expansion of compressed air or other gas.
(3) “Alcohol concentration" has the meaning given in s. 340.01 (1v).
(4) “Bodily harm" means physical pain or injury, illness, or any impairment of physical condition.
(5) “Commission warden" means a conservation warden employed by the Great Lakes Indian Fish and Wildlife Commission.
(6) “Crime" has the meaning designated in s. 939.12.
(9) “Criminal gang" means an ongoing organization, association or group of 3 or more persons, whether formal or informal, that has as one of its primary activities the commission of one or more of the criminal acts, or acts that would be criminal if the actor were an adult, specified in s. 939.22 (21) (a) to (s); that has a common name or a common identifying sign or symbol; and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
(9g) “Criminal gang member" means any person who participates in criminal gang activity, as defined in s. 941.38 (1) (b), with a criminal gang.
(9r) “Criminal intent" has the meaning designated in s. 939.23.
(10) “Dangerous weapon" means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation of blood; any electric weapon, as defined in s. 941.295 (1c) (a); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.
(11) “Drug" has the meaning specified in s. 450.01 (10).
(12) “Felony" has the meaning designated in s. 939.60.
(14) “Great bodily harm" means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.
(15) “Hazardous inhalant" means a substance that is ingested, inhaled, or otherwise introduced into the human body in a manner that does not comply with any cautionary labeling that is required for the substance under s. 100.37 or under federal law, or in a manner that is not intended by the manufacturer of the substance, and that is intended to induce intoxication or elation, to stupefy the central nervous system, or to change the human audio, visual, or mental processes.
(16) “Human being" when used in the homicide sections means one who has been born alive.
(18) “Intentionally" has the meaning designated in s. 939.23.
(19) “Intimate parts" means the breast, buttock, anus, groin, scrotum, penis, vagina or pubic mound of a human being.
(20) “Misdemeanor" has the meaning designated in s. 939.60.
(20d) “Offense against an elderly or vulnerable person" means a violation of s. 940.285 (2) (a) that caused death, great bodily harm, or bodily harm to the victim or s. 940.295 (3) (b) that caused death, great bodily harm, or bodily harm to the victim.
(20m) “Offense related to ethical government" means a violation of s. 13.69 (6m), 19.58 (1) (b), or 946.12.
(20s) “Offense related to school safety" means a violation of s. 948.605 or 948.61 (2) (b).
(21) “Pattern of criminal gang activity" means the commission of, attempt to commit or solicitation to commit 2 or more of the following crimes, or acts that would be crimes if the actor were an adult, at least one of those acts or crimes occurs after December 25, 1993, the last of those acts or crimes occurred within 3 years after a prior act or crime, and the acts or crimes are committed, attempted or solicited on separate occasions or by 2 or more persons:
(a) Manufacture, distribution or delivery of a controlled substance or controlled substance analog, as prohibited in s. 961.41 (1).
(b) First-degree intentional homicide, as prohibited in s. 940.01.
(c) Second-degree intentional homicide, as prohibited in s. 940.05.
(d) Battery, as prohibited in s. 940.19 or 940.195.
(e) Battery, special circumstances, as prohibited in s. 940.20.
(em) Battery or threat to witness, as prohibited in s. 940.201.
(f) Mayhem, as prohibited in s. 940.21.
(g) Sexual assault, as prohibited in s. 940.225.
(h) False imprisonment, as prohibited in s. 940.30.
(i) Taking hostages, as prohibited in s. 940.305.
(j) Kidnapping, as prohibited in s. 940.31.
(k) Intimidation of witnesses, as prohibited in s. 940.42 or 940.43.
(L) Intimidation of victims, as prohibited in s. 940.44 or 940.45.
(m) Criminal damage to property, as prohibited in s. 943.01.
(mg) Criminal damage to or threat to criminally damage the property of a witness, as prohibited in s. 943.011 or 943.017 (2m).
(n) Arson of buildings or damage by explosives, as prohibited in s. 943.02.
(o) Burglary, as prohibited in s. 943.10.
(p) Theft, as prohibited in s. 943.20.
(q) Taking, driving or operating a vehicle, or removing a part or component of a vehicle, without the owner's consent, as prohibited in s. 943.23.
(r) Robbery, as prohibited in s. 943.32.
(s) Sexual assault of a child, as prohibited in s. 948.02.
(t) Repeated acts of sexual assault of the same child, as prohibited in s. 948.025.
(u) Sexual assault of a child placed in substitute care under s. 948.085.
(22) “Peace officer" means any person vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes. “Peace officer" includes a commission warden and a university police officer, as defined in s. 175.42 (1) (b).
(23) “Petechia" means a minute colored spot that appears on the skin, eye, eyelid, or mucous membrane of a person as a result of localized hemorrhage or rupture to a blood vessel or capillary.
(24) “Place of prostitution" means any place where a person habitually engages, in public or in private, in nonmarital acts of sexual intercourse, sexual gratification involving the sex organ of one person and the mouth or anus of another, masturbation or sexual contact for anything of value.
(28) “Property of another" means property in which a person other than the actor has a legal interest which the actor has no right to defeat or impair, even though the actor may also have a legal interest in the property.
(30) “Public officer"; “public employee". A “public officer" is any person appointed or elected according to law to discharge a public duty for the state or one of its subordinate governmental units. A “public employee" is any person, not an officer, who performs any official function on behalf of the state or one of its subordinate governmental units and who is paid from the public treasury of the state or subordinate governmental unit.
(32) “Reasonably believes" means that the actor believes that a certain fact situation exists and such belief under the circumstances is reasonable even though erroneous.
(33) “Restricted controlled substance" means any of the following:
(a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.
(b) A controlled substance analog, as defined in s. 961.01 (4m), of a controlled substance described in par. (a).
(c) Cocaine or any of its metabolites.
(d) Methamphetamine.
(e) Delta-9-tetrahydrocannabinol.
(34) “Sexual contact" means any of the following if done for the purpose of sexual humiliation, degradation, arousal, or gratification:
(a) The intentional touching by the defendant or, upon the defendant's instruction, by a third person of the clothed or unclothed intimate parts of another person with any part of the body, clothed or unclothed, or with any object or device.
(b) The intentional touching by the defendant or, upon the defendant's instruction, by a third person of any part of the body, clothed or unclothed, of another person with the intimate parts of the body, clothed or unclothed.
(c) The intentional penile ejaculation of ejaculate or the intentional emission of urine or feces by the defendant or, upon the defendant's instruction, by a third person upon any part of the body, clothed or unclothed, of another person.
(d) Intentionally causing another person to ejaculate or emit urine or feces on any part of the actor's body, whether clothed or unclothed.
(36) “Sexual intercourse" requires only vulvar penetration and does not require emission.
(37) “State-certified commission warden" means a commission warden who meets the requirements of s. 165.85 (4) (a) 1., 2., and 7. and has agreed to accept the duties of a law enforcement officer under the laws of this state.
(38) “Substantial bodily harm" means bodily injury that causes a laceration that requires stitches, staples, or a tissue adhesive; any fracture of a bone; a broken nose; a burn; a petechia; a temporary loss of consciousness, sight or hearing; a concussion; or a loss or fracture of a tooth.
(40) “Transfer" means any transaction involving a change in possession of any property, or a change of right, title, or interest to or in any property.
(42) “Under the influence of an intoxicant" means that the actor's ability to operate a vehicle or handle a firearm or airgun is materially impaired because of his or her consumption of an alcohol beverage, hazardous inhalant, of a controlled substance or controlled substance analog under ch. 961, of any combination of an alcohol beverage, hazardous inhalant, controlled substance and controlled substance analog, or of any other drug, or of an alcohol beverage and any other drug.
(44) “Vehicle" means any self-propelled device for moving persons or property or pulling implements from one place to another, whether such device is operated on land, rails, water, or in the air. “Vehicle” does not include a personal delivery device, as defined in s. 340.01 (43fg).
(46) “With intent" has the meaning designated in s. 939.23.
(48) “Without consent" means no consent in fact or that consent is given for one of the following reasons:
(a) Because the actor put the victim in fear by the use or threat of imminent use of physical violence on the victim, or on a person in the victim's presence, or on a member of the victim's immediate family; or
(b) Because the actor purports to be acting under legal authority; or
(c) Because the victim does not understand the nature of the thing to which the victim consents, either by reason of ignorance or mistake of fact or of law other than criminal law or by reason of youth or defective mental condition, whether permanent or temporary.
History: 1971 c. 219; 1973 c. 336; 1977 c. 173; 1979 c. 89, 221; 1981 c. 79 s. 17; 1981 c. 89, 348; 1983 a. 17, 459; 1985 a. 146 s. 8; 1987 a. 332, 399; 1993 a. 98, 213, 227, 441, 486; 1995 a. 69, 436, 448; 1997 a. 143, 295; 2001 a. 109; 2003 a. 97, 223; 2005 a. 273, 277, 435; 2007 a. 27, 97, 127; 2009 a. 28, 276; 2011 a. 35; 2013 a. 83, 214, 265; 2017 a. 13.
It was for the jury to determine whether a soft drink bottle, with which the victim was hit on the head, constituted a dangerous weapon. Actual injury to the victim is not required. Langston v. State, 61 Wis. 2d 288, 212 N.W.2d 113 (1973).
An unloaded pellet gun qualified as a “dangerous weapon" under sub. (10) in that it was designed as a weapon and, when used as a bludgeon, was capable of producing great bodily harm. State v. Antes, 74 Wis. 2d 317, 246 N.W.2d 671 (1976).
A jury could reasonably find that numerous cuts and stab wounds constituted “ serious bodily injury" under sub. (14) even though there was no probability of death, no permanent injury, and no damage to any member or organ. The phrase, “or other serious bodily injury," was designed as an intentional broadening of the scope of the statute to include bodily injuries that were serious, although not of the same type or category as those recited in the statute. La Barge v. State, 74 Wis. 2d 327, 246 N.W.2d 794 (1976).
A jury must find that acts of prostitution were repeated or were continued in order to find that premises are “a place of prostitution" under sub. (24). Johnson v. State, 76 Wis. 2d 672, 251 N.W.2d 834 (1977).
Sub. (14), either on its face or as construed in La Barge, is not unconstitutionally vague. Cheatham v. State, 85 Wis. 2d 112, 270 N.W.2d 194 (1978).
Definitions of “under the influence" in this section and in s. 346.63 (1) (a) are equivalent. State v. Waalen, 130 Wis. 2d 18, 386 N.W.2d 47 (1986).
To determine whether an infant was “born alive" under sub. (16), the s. 146.71 standard to determine death is applied, as, “if one is not dead he is indeed alive." State v. Cornelius, 152 Wis. 2d 272, 448 N.W.2d 434 (Ct. App. 1989).
A dog may be a dangerous weapon under sub. (10). State v. Sinks, 168 Wis. 2d 245, 483 N.W.2d 286 (Ct. App. 1992).
Portions of the defendant's anatomy are not dangerous weapons under sub. (10). State v. Frey, 178 Wis. 2d 729, 505 N.W.2d 786 (Ct. App. 1993).
An automobile may constitute a dangerous weapon under sub. (10). State v. Bidwell, 200 Wis. 2d 200, 546 N.W.2d 507 (Ct. App. 1996), 95-0791.
A firearm with a trigger lock is within the definition of a dangerous weapon under sub. (10). State v. Norris, 214 Wis. 2d 25, 571 N.W.2d 857 (Ct. App. 1997), 96-2158.
When a mother agreed to the father taking a child on a camping trip, but the father actually intended to permanently take the child and did abscond to Canada with the child, the child was taken based on the mother's “mistake of fact," which under s. 939.22 (48) rendered the taking of the child to be “without consent" and in violation of s. 948.31. State v. Inglin, 224 Wis. 2d 764, 592 N.W.2d 666 (Ct. App. 1999), 97-3091.
The definitions in subs. (9) and (9g) are sufficiently specific that when incorporated into a probation condition they provide fair and adequate notice as to the expected course of conduct and provide an adequate standard of enforcement. State v. Lo, 228 Wis. 2d 531, 599 N.W.2d 659 (Ct. App. 1999), 98-2490.
Sub. (19) includes female and male breasts as each is “the breast of a human being." The touching of a boy's breast constitutes “sexual contact" within the meaning of s. 948.02 (2). State v. Forster, 2003 WI App 29, 260 Wis. 2d 149, 659 N.W.2d 144, 02-0602.
“Materially impaired" as used in sub. (42) does not have a technical or peculiar meaning in the law beyond the time-tested explanations in standard jury instructions. Therefore, the circuit court's response to the jury question to give all words not otherwise defined their ordinary meaning was not error, comported with s. 990.01, and did not constitute an erroneous exercise of discretion. State v. Hubbard, 2008 WI 92, 313 Wis. 2d 1, 752 N.W.2d 839, 06-2753.
Shooting a person in the thigh at a range of 16 to 18 feet with a shotgun is practically certain to cause at least a protracted loss or impairment of the function of the victim's leg, and is injury constituting “great bodily harm" within the meaning of sub. (14). The fact that the defendant's conduct was intended to neutralize the threat posed by the victim did not negate the fact that, by firing the shotgun at the victim's thigh, the defendant intended to cause great bodily harm by committing an act that he was aware was practically certain to result in great bodily harm to the victim. State v. Miller, 2009 WI App 111, 320 Wis. 2d 724, 772 N.W.2d 188, 07-1052.
939.23 Criminal intent.
(1) When criminal intent is an element of a crime in chs. 939 to 951, such intent is indicated by the term “intentionally", the phrase “with intent to", the phrase “with intent that", or some form of the verbs “know" or “believe".
(2) “Know" requires only that the actor believes that the specified fact exists.
(3) “Intentionally" means that the actor either has a purpose to do the thing or cause the result specified, or is aware that his or her conduct is practically certain to cause that result. In addition, except as provided in sub. (6), the actor must have knowledge of those facts which are necessary to make his or her conduct criminal and which are set forth after the word “intentionally".
(4) “With intent to" or “with intent that" means that the actor either has a purpose to do the thing or cause the result specified, or is aware that his or her conduct is practically certain to cause that result.
(5) Criminal intent does not require proof of knowledge of the existence or constitutionality of the section under which the actor is prosecuted or the scope or meaning of the terms used in that section.
(6) Criminal intent does not require proof of knowledge of the age of a minor even though age is a material element in the crime in question.
History: 1979 c. 89; 1987 a. 332 s. 64; 1987 a. 399; 1993 a. 486.
Judicial Council Note, 1988: Subs. (3) and (4) are conformed to the formulation of s. 2.02 (2) (b) ii of the model penal code. [Bill 191-S]
A person need not foresee or intend the specific consequences of an act in order to possess the requisite criminal intent and is presumed to intend the natural and probable consequences of the act. State v. Gould, 56 Wis. 2d 808, 202 N.W.2d 903 (1973).
Instructions on intent to kill created a permissible rebuttable presumption that shifted the burden of production to the defendant, but not the burden of persuasion. Muller v. State, 94 Wis. 2d 450, 289 N.W.2d 570 (1980).
The court properly refused to instruct the jury on a “mistake of fact" defense when the accused claimed that the victim moved into the path of a gunshot intended only to frighten the victim. State v. Bougneit, 97 Wis. 2d 687, 294 N.W.2d 675 (Ct. App. 1980).
The constitutionality of sub. (3) is upheld. State v. Smith, 170 Wis. 2d 701, 490 N.W.2d 40 (Ct. App. 1992).
The trial court's wholesale exclusion of the defendant's proffered expert and lay testimony regarding posttraumatic stress disorder from the guilt phase of a murder trial without valid justification violated the defendant's right to present a defense and to testify on her own behalf. Morgan v. Krenke, 72 F. Supp. 2d 980 (1999).

https://docs.legis.wisconsin.gov/statutes/statutes...
Criminal Elder Abuse
V.I. Code Ann. tit. 14 § 116

(a) Whenever a peace officer has reason to believe that a person has been abused or harassed or is in danger of being abused or harassed, such officer shall use all reasonable means to prevent further abuse or harassment. Peace officers shall make every reasonable effort to do the following as part of the emergency response:
(1) assess the immediate physical danger to the victim and provide assistance reasonably intended to mitigate the safety risk;
(2) if there is observable injury to the victim or if the victim is complaining of injury, encourage the victim to seek medical attention and arrange for medical assistance or request an ambulance for transport to a hospital;
(3) if a sexual assault has occurred, advise the victim that there are time sensitive medical or forensic options that may be available, encourage the victim to seek medical attention and arrange for medical assistance or request an ambulance for transport to a hospital;
(4) provide the victim with referrals to local resources that may assist the victim in locating and getting to a safe place;
(5) provide on forms created by the Police Department, adequate notice to the victim of the victim‘s rights including, but not limited to, obtaining a Harassment Prevention Order. The notice must consist of providing the victim with a copy of the following statement before the officer leaves the scene or premises and after reading the statement to the victim, and if the victim‘s native language is not English, the statement must then be provided in the victim‘s native language whenever possible:
 You have the right to appear at the Superior Court, and file a civil complaint requesting any of the following applicable orders: (i) an order restraining your attacker from harassing or abusing you; (u) an order directing your attacker to refrain from contacting you; (iii) an order directing your attacker to stay away from your home or your workplace, workspace or work area and personal property; (iv) an order directing your attacker to pay you for losses suffered as a result of the harassment or abuse, including loss of earnings, out-of-pocket losses for injuries sustained or property damaged, costs of replacement of locks, medical expenses, cost for obtaining an unlisted phone number, and reasonable attorneys' fees. For an emergency on weekends, holidays or weeknights, the police will assist you in activating the emergency response system so that you may file a complaint and request a Harassment Prevention Order.
You have the right to go to the Department of Justice and apply for a criminal complaint for sexual assault, verbal or physical threats, criminal stalking, criminal harassment, assault and battery, assault with a deadly weapon, and assault with intent to kill or other related offenses.
If you are in need of medical treatment, you have the right to request that an officer present drive you to the nearest hospital or otherwise assist you in obtaining medical treatment.
If you believe that police protection is needed for your physical safety, you have the right to request that the officer present remain at the scene until you can leave or until your safely is otherwise ensured You may also request that the officer assist you in locating and taking you to a safe place including, but not limited to, a designated meeting place for a shelter or a family member ‘s or a friends residence or a similar place of safety.
You may request and obtain a copy of the police incident report, at a cost instructed, the police department.
(6) assist the victim by activating the emergency judicial system when the court is closed for business;
 (7) inform the victim that the abuser will be eligible for bail and may be promptly released; and
(8) arrest any person that a peace officer witnessed or has probable cause to believe violated a temporary or permanent vacate, restraining, stay-away or no-contact order or judgment issued under this subchapter or similar protection order issued by another jurisdiction; but if there are no vacate, restraining, stay-away or no-contact orders or judgments in effect, arresting the person is the preferred response if the peace officer witnessed or has probable cause to believe that a person: (i) has committed a felony; (ii) has committed a misdemeanor involving harassment or abuse as defined in section 111; or (iii) has committed an assault and battery in violation of sections 295, 296, and 297 of title 14; the safety of the victim must be paramount in any decision to arrest. If a peace officer arrests both parties, the peace officer shall submit a detailed, written report in addition to an incident report, setting forth the grounds for arresting both parties.
 (b) No peace officer may be held liable in a civil action for personal injury or property damage brought by a party to an incident of abuse or for an arrest based on probable cause when such officer acted reasonably and in good faith and in compliance with this subchapter.
(c) Whenever a peace officer investigates an incident of harassment, the officer shall immediately file a written incident report in accordance with the standards of the V.I. Police Department and, wherever possible, in the form of the National Incident-Based Reporting System, as defined by the Federal Bureau of Investigation.
(d) The victim must be provided with a copy of the full incident report, at a nominal cost, upon request to VI Police Department.
(e) When any person arrested under this subchapter is released on bail reasonable efforts must be made to inform the victim of the release prior to or at the time of the release. When any person charged with or arrested for a crime involving harassment under this subchapter is released from custody, the Court shall issue, upon the request of the victim, a written no-contact order or slay-away order prohibiting the person charged or arrested from having any contact with the victim and shall use all reasonable means to notify the victim immediately of release from custody. The victim must be presided, at no cost, with a certified copy of the no-contact or stay-away order.

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