948.215 Chronic neglect; repeated acts of neglect.

(1) Whoever violates s. 948.21 (2) is guilty of chronic neglect and may be penalized as provided in sub. (2) if one of the following applies:

(a) The person commits 3 or more violations under s. 948.21 (2) within a specified period of time involving the same child.

(b) The person has at least one previous conviction for a violation of s. 948.21 (2) involving the same child as the current violation.

(2) A person who is guilty of chronic neglect under sub. (1) is guilty of the following:

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

(b) A Class D 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 defined in s. 948.21 (1) (a), as a consequence.

(c) A Class E felony if the child suffers emotional damage, as defined in s. 948.21 (1) (b), as a consequence.

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

(e) A Class H 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.

(3) If an action under sub. (1) (a) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.21 (2) involving the same child occurred within the specified period but need not agree on which acts constitute the requisite number or which acts resulted in any requisite consequence.

(4) The state may not charge a person in the same action with a violation under sub. (1) (a) and a violation involving the same child under s. 948.21 (2), unless the violation of s. 948.21 (2) occurred outside of the period applicable under sub. (1) (a).

History: 2017 a. 283.