940.15 Abortion.
(1) In this section, “viability" means that stage of fetal development when, in the medical judgment of the attending physician based on the particular facts of the case before him or her, there is a reasonable likelihood of sustained survival of the fetus outside the womb, with or without artificial support.
(2) Whoever intentionally performs an abortion after the fetus or unborn child reaches viability, as determined by reasonable medical judgment of the woman's attending physician, is guilty of a Class I felony.
(3) Subsection (2) does not apply if the abortion is necessary to preserve the life or health of the woman, as determined by reasonable medical judgment of the woman's attending physician.
(4) Any abortion performed under sub. (3) after viability of the fetus or unborn child, as determined by reasonable medical judgment of the woman's attending physician, shall be performed in a hospital on an inpatient basis.
(5) Whoever intentionally performs an abortion and who is not a physician is guilty of a Class I felony.
(6) Any physician who intentionally performs an abortion under sub. (3) shall use that method of abortion which, of those he or she knows to be available, is in his or her medical judgment most likely to preserve the life and health of the fetus or unborn child. Nothing in this subsection requires a physician performing an abortion to employ a method of abortion which, in his or her medical judgment based on the particular facts of the case before him or her, would increase the risk to the woman. Any physician violating this subsection is guilty of a Class I felony.
(7) Subsections (2) to (6) and s. 939.05, 939.30 or 939.31 do not apply to a woman who obtains an abortion that is in violation of this section or otherwise violates this section with respect to her unborn child or fetus.
History: 1985 a. 56; 2001 a. 109.
The essential holding of Roe, 410 U.S. 113 (1973), allowing abortion is upheld, but various state restrictions on abortion are permissible. Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 940 - Crimes against life and bodily security.
940.01 - First-degree intentional homicide.
940.02 - First-degree reckless homicide.
940.05 - Second-degree intentional homicide.
940.06 - Second-degree reckless homicide.
940.07 - Homicide resulting from negligent control of vicious animal.
940.08 - Homicide by negligent handling of dangerous weapon, explosives or fire.
940.09 - Homicide by intoxicated use of vehicle or firearm.
940.10 - Homicide by negligent operation of vehicle.
940.11 - Mutilating or hiding a corpse.
940.16 - Partial-birth abortion.
940.19 - Battery; substantial battery; aggravated battery.
940.198 - Physical abuse of an elder person.
940.20 - Battery: special circumstances.
940.201 - Battery or threat to witnesses.
940.203 - Battery or threat to an officer of the court or law enforcement officer.
940.204 - Battery or threat to health care providers and staff.
940.205 - Battery or threat to department of revenue employee.
940.208 - Battery to certain employees of counties, cities, villages, or towns.
940.22 - Sexual exploitation by therapist; duty to report.
940.235 - Strangulation and suffocation.
940.24 - Injury by negligent handling of dangerous weapon, explosives or fire.
940.25 - Injury by intoxicated use of a vehicle.
940.285 - Abuse of individuals at risk.
940.29 - Abuse of residents of penal facilities.
940.291 - Law enforcement officer; failure to render aid.
940.295 - Abuse and neglect of patients and residents.
940.315 - Global positioning devices.
940.34 - Duty to aid victim or report crime.
940.42 - Intimidation of witnesses; misdemeanor.
940.43 - Intimidation of witnesses; felony.
940.44 - Intimidation of victims; misdemeanor.
940.45 - Intimidation of victims; felony.
940.46 - Attempt prosecuted as completed act.