(1) RECKLESSNESS. Notwithstanding s. 939.24, in this section, “recklessly” means conduct that creates a situation of unreasonable risk of harm to and demonstrates a conscious disregard for the safety of the person. (2) INTENTIONAL CAUSATION OF BODILY HARM. (a) Whoever intentionally causes great bodily harm to an elder person or an adult at risk is guilty of a Class C felony. (b) Whoever intentionally causes bodily harm to an elder person or an adult at risk is guilty of a Class H felony. (c) Whoever intentionally causes bodily harm to an elder person or an adult at risk under circumstances or conditions that are likely to produce great bodily harm is guilty of a Class F felony. (3) RECKLESS CAUSATION OF BODILY HARM. (a) Whoever recklessly causes great bodily harm to an elder person or an adult at risk is guilty of a Class E felony. (b) Whoever recklessly causes bodily harm to an elder person or an adult at risk is guilty of a Class I felony. (c) Whoever recklessly causes bodily harm to an elder person or an adult at risk under circumstances or conditions that are likely to produce great bodily harm is guilty of a Class H felony. (4) KNOWLEDGE. (a) This section applies to a crime involving an elder person victim irrespective of whether the defendant had actual knowledge of the victim’s age. A mistake regarding the victim’s age is not a defense to a prosecution under this section. (b) This section applies to a crime involving an adult-at-risk victim only if the defendant had actual knowledge that the victim is an adult at risk.
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