940.203 Battery or threat to judge.

WISCONSIN STATUTES AND CODES

940.203 Battery or threat to judge.

940.203

940.203(1)

(1) In this section:

940.203(1)(a)

(a) "Family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.

940.203 - ANNOT.

NOTE: Par. (a) is amended by 2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:

940.203 - ANNOT.

(a) "Family member" means a parent, spouse, sibling, child, stepchild, or foster child.

940.203(1)(b)

(b) "Judge" means a supreme court justice, court of appeals judge, circuit court judge, municipal judge, temporary or permanent reserve, judge or circuit, supplemental, or municipal court commissioner.

940.203(2)

(2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any judge under all of the following circumstances is guilty of a Class H felony:

940.203(2)(a)

(a) At the time of the act or threat, the actor knows or should have known that the victim is a judge or a member of his or her family.

940.203(2)(b)

(b) The judge is acting in an official capacity at the time of the act or threat or the act or threat is in response to any action taken in an official capacity.

940.203(2)(c)

940.203 - ANNOT.

History: 1993 a. 50, 446; 2001 a. 61, 109; 2009 a. 28.

940.203 - ANNOT.

Only a "true threat" is punishable under this section. A true threat is a statement that a speaker would reasonably foresee that a listener would reasonably interpret as a serious expression of a purpose to inflict harm, as distinguished from hyperbole, jest, innocuous talk, expressions of political views, or other similarly protected speech. It is not necessary that the speaker have the ability to carry out the threat. Jury instructions must contain a clear definition of a true threat. State v. Perkins, 2001 WI 46, 243 Wis. 2d 141, 626 N.W.2d 762, 99-1924.