948.21 Neglecting a child.

(1) Definitions. In this section:

(a) “Child sex offense" means an offense under s. 948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.10, 948.11, or 948.12.

(b) “Emotional damage" has the meaning given in s. 48.02 (5j).

(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.

(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.

(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):

(a) Necessary care.

(b) Necessary food.

(c) Necessary clothing.

(d) Necessary medical care.

(e) Necessary shelter.

(f) Education in compliance with s. 118.15.

(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).

(3) Penalties. A person who violates sub. (2) is guilty of the following:

(a) A Class D felony if the child suffers death as a consequence.

(b) A Class F felony if any of the following applies:

1. The child suffers great bodily harm as a consequence.

2. The child becomes a victim of a child sex offense as a consequence.

(c) A Class G felony if the child suffers emotional damage as a consequence.

(d) A Class H felony if the child suffers bodily harm as a consequence.

(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:

1. The child had not attained the age of 6 years when the violation was committed.

2. The child has a physical, cognitive, or developmental disability that was known or should have been known by the actor.

(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.

History: 1987 a. 332; 2001 a. 109; 2007 a. 80; 2017 a. 283.