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To: one_particular_harbour
A red butt is not child abuse, period. Child abuse means broken bones, cigarette burns, black eyes, etc. Child abuse is also ripping a child out of a good home because you have a different opinion on spanking.
99 posted on 07/20/2002 5:01:58 AM PDT by cherrycapital
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To: cherrycapital
She didn't plead guilty to child abuse.  She plead guilty to battery under 940.19(1).  What was she originally charged with?  

BTW, interesting definition of child abuse.  Apparently, if one limits oneself to soft tissue or internal  injuries, it's not child abuse, right? 

940.19       pdf icon
940.19 Battery; substantial battery; aggravated battery. 
940.19(1)       pdf icon
(1) Whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class A misdemeanor.
 
940.19(2)       pdf icon
(2) Whoever causes substantial bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class E felony.
 
940.19(3)       pdf icon
(3) Whoever causes substantial bodily harm to another by an act done with intent to cause substantial bodily harm to that person or another is guilty of a Class D felony.
 
940.19(4)       pdf icon
(4) Whoever causes great bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class D felony.
 
940.19(5)       pdf icon
(5) Whoever causes great bodily harm to another by an act done with intent to cause either substantial bodily harm or great bodily harm to that person or another is guilty of a Class C felony.
 
940.19(6)       pdf icon
(6) Whoever intentionally causes bodily harm to another by conduct that creates a substantial risk of great bodily harm is guilty of a Class D felony.  A rebuttable presumption of conduct creating a substantial risk of great bodily harm arises:
 
940.19(6)(a)       pdf icon
(a)  If the person harmed is 62 years of age or older; or
 
940.19(6)(b)       pdf icon
(b)  If the person harmed has a physical disability, whether congenital or acquired by accident, injury or disease, that is discernible by an ordinary person viewing the physically disabled person, or that is actually known by the actor.
 
940.19 - ANNOT.       pdf icon
       History: 1977 c. 173; 1979 c. 111, 113; 1987 a. 399; 1993 a. 441, 483.
 
940.19 - ANNOT.       pdf icon
       Under the "elements only" test, offenses under subsections that require proof of nonconsent are not lesser included offenses of offenses under subsections for which proof of nonconsent is not required.  State v. Richards, 123 Wis. 2d 1, 365 N.W.2d 7 (1985).
 
940.19 - ANNOT.       pdf icon
       "Physical disability" is discussed.  State v. Crowley, 143 Wis. 2d 324, 422 N.W.2d 847 (1988).
 
940.19 - ANNOT.       pdf icon
       First-degree reckless injury, s. 940.23 (1), is not a lesser included offense of aggravated battery.  State v. Eastman, 185 Wis. 2d 405, 518 N.W.2d 257 (Ct. App. 1994).
 
940.19 - ANNOT.       pdf icon
       The act of throwing urine that strikes another and causes pain constitutes a battery.  State v. Higgs, 230 Wis. 2d 1, 601 N.W.2d 653 (Ct. App. 1999).
 

111 posted on 07/20/2002 5:38:43 AM PDT by Catspaw
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