948.40 Contributing to the delinquency of a child.
(1) No person may intentionally encourage or contribute to the delinquency of a child. This subsection includes intentionally encouraging or contributing to an act by a child under the age of 10 which would be a delinquent act if committed by a child 10 years of age or older.
(2) No person responsible for the child's welfare may, by disregard of the welfare of the child, contribute to the delinquency of the child. This subsection includes disregard that contributes to an act by a child under the age of 10 that would be a delinquent act if committed by a child 10 years of age or older.
(3) Under this section, a person encourages or contributes to the delinquency of a child although the child does not actually become delinquent if the natural and probable consequences of the person's actions or failure to take action would be to cause the child to become delinquent.
(4) A person who violates this section is guilty of a Class A misdemeanor, except:
(a) If death is a consequence, the person is guilty of a Class D felony; or
(b) If the child's act which is encouraged or contributed to is a violation of a state or federal criminal law which is punishable as a felony, the person is guilty of a Class H felony.
History: 1987 a. 332; 1989 a. 31; 1995 a. 77; 2001 a. 109.
The punishments for first-degree reckless homicide by delivery of a controlled substance under s. 940.02 (2) (a) and contributing to the delinquency of a child with death as a consequence in violation of subs. (1) and (4) (a) are not multiplicitous when both convictions arise from the same death. State v. Patterson, 2010 WI 130, 329 Wis. 2d 599, 790 N.W.2d 909, 08-1968.
Sub. (1) proscribes contributing to the delinquency of any child under the age of 18. The definition of “child" in s. 948.01 (1) excludes those over seventeen only for the “purposes of prosecuting" a person charged with violating this section and not that person's victim. State v. Patterson, 2010 WI 130, 329 Wis. 2d 599, 790 N.W.2d 909, 08-1968.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 948 - Crimes against children.
948.015 - Other offenses against children.
948.02 - Sexual assault of a child.
948.025 - Engaging in repeated acts of sexual assault of the same child.
948.03 - Physical abuse of a child.
948.04 - Causing mental harm to a child.
948.05 - Sexual exploitation of a child.
948.051 - Trafficking of a child.
948.055 - Causing a child to view or listen to sexual activity.
948.075 - Use of a computer to facilitate a child sex crime.
948.08 - Soliciting a child for prostitution.
948.081 - Patronizing a child.
948.085 - Sexual assault of a child placed in substitute care.
948.09 - Sexual intercourse with a child age 16 or older.
948.093 - Underage sexual activity.
948.10 - Exposing genitals, pubic area, or intimate parts.
948.11 - Exposing a child to harmful material or harmful descriptions or narrations.
948.12 - Possession of child pornography.
948.13 - Child sex offender working with children.
948.14 - Registered sex offender and photographing minors.
948.20 - Abandonment of a child.
948.215 - Chronic neglect; repeated acts of neglect.
948.23 - Concealing or not reporting death of a child; not reporting disappearance of a child.
948.24 - Unauthorized placement for adoption.
948.25 - Unauthorized interstate placements of children.
948.30 - Abduction of another's child; constructive custody.
948.31 - Interference with custody by parent or others.
948.40 - Contributing to the delinquency of a child.
948.45 - Contributing to truancy.
948.50 - Strip search by school employee.
948.53 - Child unattended in child care vehicle.
948.55 - Leaving or storing a loaded firearm within the reach or easy access of a child.
948.60 - Possession of a dangerous weapon by a person under 18.
948.605 - Gun-free school zones.
948.61 - Dangerous weapons other than firearms on school premises.
948.62 - Receiving stolen property from a child.