Wisconsin Act 149: Expanded Protections and Penalties for Crimes Against “Adults at Risk”

Analysis of 2025 Wisconsin Act 149 (Assembly Bill 19)

Wisconsin has significantly expanded the scope of its criminal and procedural protections for vulnerable individuals with the passage of 2025 Wisconsin Act 149. Signed into law recently, this act moves beyond the traditional focus on “elderly” victims to include a broader category of individuals known as “adults at risk.”

An “adult at risk” is generally defined under Wisconsin law as any adult who has a physical or mental condition that substantially impairs their ability to care for their own needs and who has experienced, or is at risk of experiencing, abuse, neglect, or financial exploitation. Act 149 ensures that these individuals receive the same heightened legal protections previously reserved primarily for those aged 60 and older.

For those facing criminal allegations, this law introduces new penalty enhancers, creates stricter classifications for certain types of battery and sexual assault, and provides prosecutors with powerful tools to freeze a defendant’s assets early in the legal process.

Expanded Criminal Penalties and Enhancers

The most direct impact of Act 149 is the creation of enhanced penalties for crimes committed against adults at risk.

• General Penalty Enhancer: Under the newly amended Wis. Stat. § 939.623, if a victim is an adult at risk, the maximum term of imprisonment for the underlying crime can be significantly increased.
• Battery to an Adult at Risk: The law expands Wis. Stat. § 940.66 (formerly “Battery to an Elder Person”) to include adults at risk. Intentionally causing great bodily harm to an adult at risk is now a Class C felony, while causing simple bodily harm is a Class H felony.
• Sexual Assault: Act 149 amends Wis. Stat. § 940.225 to elevate certain sexual assault charges to the first degree (a Class B felony) if the victim is an adult at risk and the defendant had actual knowledge of their status.

The “Actual Knowledge” Requirement

A key distinction in Act 149 involves the defendant’s state of mind. For elder victims (age 60+), Wisconsin law generally does not require the defendant to know the victim’s age for an enhancer to apply.

However, for adults at risk, the law is different. The state must prove that the defendant had actual knowledge that the victim was an adult at risk. This requirement provides a critical avenue for defense counsel to challenge the application of these higher penalties if the victim’s condition was not readily apparent or known to the accused.

Freezing Assets in Financial Exploitation Cases

Act 149 provides prosecutors with an aggressive tool in cases involving alleged financial crimes. Under Wis. Stat. § 971.109, if a defendant is charged with financial exploitation of an adult at risk involving more than $2,500, the prosecution can petition the court to freeze the defendant’s assets.

• Scope: The court can freeze up to 100% of the alleged value of the stolen property to ensure funds are available for restitution.
• Ex Parte Hearings: These hearings can be held without the defendant present, and the standard rules of evidence do not apply.
• Binding Orders: Once issued, these orders are binding on banks and third parties, preventing the sale, gift, or transfer of the defendant’s property while the case is pending.

Procedural Protections for Victims

In addition to criminal penalties, Act 149 modifies civil and procedural rules to make it easier for adults at risk to seek protection from the courts:

• Remote Participation: Victims seeking restraining orders or participating in related hearings must be allowed to appear via telephone or live audiovisual means. This is intended to reduce the physical and emotional burden on vulnerable petitioners.
• Domestic Abuse & Harassment: The law integrates “adult at risk” definitions into existing statutes for domestic abuse and harassment restraining orders, ensuring consistent protection across all legal frameworks.

Key Takeaways from Wisconsin Act 106

• New Protected Class: “Adults at risk” now receive the same heightened protections as elder persons (60+).
• Penalty “Step-Ups”: Crimes against these individuals carry significantly longer maximum prison sentences.
• Knowledge is Key: For many of these enhancers to apply, the state must prove the defendant knew the victim was an adult at risk.
• Asset Seizure: Defendants charged with financial exploitation may find their bank accounts and property frozen before their case even reaches trial.
• Court Accessibility: Victims now have a statutory right to participate in restraining order hearings remotely.

What This Law Means Going Forward

Act 149 reflects a growing legislative trend to protect vulnerable populations from both physical harm and financial predation. For the defense, the “actual knowledge” requirement will likely become a central point of litigation, as the definition of an “adult at risk” can be subjective and based on complex medical or psychological conditions. Furthermore, the ability of the state to freeze assets early in a case creates immediate and severe collateral consequences for the accused, often before any guilt has been proven.