Crimes Not Subject to Automatic Revocation
Automatic Revocation of Licenses
The Department of Public Instruction (DPI) is required to automatically revoke a license granted by the DPI without a hearing if the licensee is convicted of any Class A, B, C, or D felony under Wis Stats §940 or 948, except Wis Stats §940.08 and 940.205, for a violation that occurs on or after September 12, 1991, or any Class E, F, G, or H felony under Wis Stats §940 or 948, except Wis Stats §940.08 and 940.205, for a violation that occurs on or after February 1, 2003. (Wisconsin State Statutes 115.31(2g))
Criminal violations that result in automatic revocation include:
940.01 First-degree intentional homicide
940.02 First-degree reckless homicide
940.03 Felony murder
940.04 Abortion (Under some circumstances)
940.05 Second-degree intentional homicide
940.06 Second-degree reckless homicide
940.07 Homicide resulting from negligent control of vicious animal
940.09 Homicide by intoxicated use of vehicle or firearm
940.10 Homicide by negligent operation of motor vehicle
940.11 Mutilating or hiding a corpse
940.12 Assisting a suicide
940.16 Partial-birth abortion
940.19 Battery; substantial battery; aggravated battery (Under some circumstances)
940.195 Battery to an unborn child; substantial battery to an unborn child; aggravated battery to an unborn child (Under some circumstances)
940.20 Battery: special circumstances (Under some circumstances)
940.201 Battery or threat to witnesses
940.203 Battery or threat to judge
940.207 Battery or threat to department of commerce or department of workforce development employee
940.21 Mayhem
940.22(2) Sexual exploitation by therapist; duty to report
940.225 Sexual assault (All Except 4th Degree Which Is A Misdemeanor)
940.23 Reckless injury
940.25 Injury by intoxicated use of a vehicle
940.285 Abuse of vulnerable adults (Under some circumstances)
940.295 Abuse and neglect of patients and residents (Under some circumstances)
940.30 False imprisonment
940.305 Taking hostages
940.31 Kidnapping
940.32 Stalking (Under some circumstances)
940.43 Intimidation of witnesses; felony (Class G)
940.45 Intimidation of victims; felony (Class G)
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 (In some circumstances)
948.04 Causing mental harm to a child
948.05 Sexual exploitation of a child
948.055 Causing a child to view or listen to sexual activity
948.06 Incest with a child
948.07 Child enticement
948.075 Use of a computer to facilitate a child sex crime
948.08 Soliciting a child for prostitution
948.095 Sexual assault of a student by a school instructional staff person
948.12 Possession of child pornography (In some circumstances)
948.13 Child sex offender working with children
948.20 Abandonment of a child
948.21 Neglecting a child (only when death occurs) - Recent Change
948.24 Unauthorized placement for adoption
948.30 Abduction of another's child; constructive custody
948.31 Interference with custody by parent or others (In some circumstances)
948.40 Contributing to the delinquency of a child (In some circumstances)
948.51 Hazing (In some circumstances)
948.60 Possession of dangerous weapon by person under 18 (In some circumstances)
948.605(3) Discharge of a firearm in school zone
948.62 Receiving stolen property from a child (In some circumstances)
Crimes Not Subject to Automatic Revocation
The following crimes found in chapters 940 and 948 do not automatically cause the revocation of an educator's license. Depending on the circumstances, a revocation may result with each crime listed.
Statutory Exclusion
940.08 Homicide by negligent handling of dangerous weapon, explosives or fire. (Class G
felony)
940.205 Battery or threat to department of revenue employee
Non-Class A-H Felonies
940.15 Abortion
940.24 Injury by negligent handling of dangerous weapon, explosives or fire
940.29 Abuse of residents of penal facilities
948.22(2) Failure to support
948.23 Concealing death of child
948.605(2) Gun-free school zones
Misdemeanors
940.22(3) Sexual exploitation by therapist; duty to report
940.291 Law enforcement officer; failure to render aide
940.34 Duty to aid victim or report crime
940.42 Intimidation of a witness
940.44 Intimidation of a victim
948.09 Sexual intercourse with a child age 16 or older
948.10 Exposing genitals or pubic area
948.11 Exposing a child to harmful material or harmful descriptions or narrations (some are felonies but not A-H)
948.22(3) Failure to support
948.45 Contributing to truancy
948.50 Strip search by school employee
948.55 Leaving or storing load firearm within reach or easy access of a child
948.61 Dangerous weapons other than firearms on school premises (may be a Class I felony)
948.63 Receiving property from a child
948.70 Tattooing of children (forfeiture)
For questions about this information, contact Courtney B. Spitz (608) 264-9339
Last updated on 7/8/2008 1:15:40 PM
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