Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2022 | Updated by FindLaw Staff
(1) Definitions. In this section:
(a) “Disabled person” means a person who has an impairment of a physical, mental or emotional nature that substantially limits at least one major life activity.
(b) “Elderly person” means a person who is at least 62 years of age.
(c) “Major life activity” means self-care, walking, seeing, hearing, speaking, breathing, learning, performing manual tasks or being able to be gainfully employed.
(2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under ch. 136 or 707 ors. 100.16, 100.17, 100.171, 100.174,100.18, 100.182, 100.183, 100.195,100.20, 100.203,100.205, 100.207, 100.209,100.21, 100.30(3), 100.313, 100.315,100.35, 100.44, 100.46, 100.52, 100.525, 100.55, 100.57, 100.65, 134.71, 134.72, 134.73, 134.87, 344.574, 344.576(1), (2), or (3)(a) or (b), 344.577, or 344.578, or a provision of ch. 704 or 846 for which the department has rule-making, investigation, or enforcement authority, or a rule promulgated under one of those sections, chapters, or provisions, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the violation was imposed, was perpetrated against an elderly person or disabled person and if the court finds that any of the following factors is present:
(a) The defendant knew or should have known that the defendant's conduct was perpetrated against an elderly person or disabled person.
(b) The defendant's conduct caused an elderly person or disabled person to suffer any of the following:
1. Loss or encumbrance of his or her primary residence.
2. Loss of principal employment or principal source of income.
3. Loss of more than 25 percent of the property that the elderly person or disabled person has set aside for retirement or for personal or family care or maintenance.
4. Loss of more than 25 percent of the total of payments to be received under a pension or retirement plan.
5. Loss of assets essential to the health or welfare of the elderly person or disabled person.
(c) The defendant's conduct caused physical or emotional damage or economic loss, other than the losses specified in par. (b) 1. to 5., and elderly persons or disabled persons are more likely to suffer the loss than other persons due to their age, poor health, impaired understanding or restricted mobility.
(3) Priority for restitution. If the court orders restitution under s. 100.171(8), 100.173(4)(a), 100.174(7), 100.175(7), 100.177(15),100.18(11)(d), 100.182(5)(a), 100.20(6), 100.205(7), 100.207(6)(b) 1., 100.44(5), or 134.87(6) for a pecuniary or monetary loss suffered by a person, the court shall require that the restitution be paid by the defendant before the defendant pays any forfeiture imposed under this section.
Cite this article: FindLaw.com - Wisconsin Statutes Agriculture, Food and Trade Practices (Ch. 91 to 100) § 100.264. Violations against elderly or disabled persons - last updated January 01, 2022 | https://codes.findlaw.com/wi/agriculture-food-and-trade-practices-ch-91-to-100/wi-st-100-264/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)