Criminal trespass to a medical facility (Wis. Stat. 943.145) defense attorneys

(a) “Hospital” means any building, structure, institution or place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment of and medical or surgical care for 3 or more nonrelated individuals hereinafter designated patients, suffering from illness, disease, injury or disability, whether physical or mental, and including pregnancy and regularly making available at least clinical laboratory services, and diagnostic X-ray services and treatment facilities for surgery, or obstetrical care, or other definitive medical treatment.

(b) “Hospital” may include, but not in limitation thereof by enumeration, related facilities such as outpatient facilities, nurses’, interns’ and residents’ quarters, training facilities and central service facilities operated in connection with hospitals.

(c) “Hospital” includes “special hospitals” or those hospital facilities that provide a limited type of medical or surgical care, including orthopedic hospitals, children’s hospitals, critical access hospitals, mental hospitals, psychiatric hospitals or maternity hospitals.

What does the law mean?

The definition of hospital, and the inclusion of “clinics” in the original criminal statute, makes one things clear: if the facility is in the medical business, it’s safe to say it’s part of the statute.  Perhaps relevant, this includes abortion clinics (which are a frequent location where this crime is charged).  That potentially includes even abortion clinics where consultations, but no actual procedures, occur.

Secondly, the law obviously goes further than describing the facilities included.  A breach of the law occurs when the defendant intentionally enters a medical facility without the consent of some person lawfully upon the premises, under circumstances tending to create or provoke a breach of the peace.  The latter part of this statute is similar to a disorderly conduct.  This is important because simply entering the facility is not enough to be charge.  Acting in any way that tends to cause or provoke a breach of the peace is a violation of the law.  This could include things like remaining in the facility after a request to leave or protesting once making entry to the facility.

Wisconsin Criminal Jury Instruction 1439

As with all crimes in Wisconsin, jury instructions define the elements of criminal trespass to a medical facility.  Elements are parts of the crime that the government must prove beyond a reasonable doubt at trial.  Courts also frequently use them during plea colloquies.  Wisconsin Criminal Jury Instruction 1439 provides us the following elements:

• Firstly, the defendant entered a medical facility; and
• Secondly, the defendant entered a medical facility without consent of someone lawfully upon the premises.  Without consent means that there was no consent; and
• Thirdly. the defendant entered a medical facility under circumstances tending to create or provoke a breach of the peace; and
• Finally, the defendant knew that the entry into a medical facility was made without consent and under circumstances likely to provoke a breach of the peace.

The instructions go into some depth defining part three:

It is not necessary that an actual breach of the peace occurred as a result of defendant’s conduct.  The term “breach of the peace” includes all violations of peace and order.  It may consist of an act of violence or an act likely to produce violence.  It may consist of profane and abusive language by one toward another.  To constitute criminal trespass to a medical facility, the entry must be done under circumstances tending to create or provoke a breach of the peace.

Contact Van Severen Law Office, S.C. to speak with a criminal defense lawyer

Again, the criminal defense lawyers at Van Severen Law Office, S.C. possess a wealth of knowledge that helps us regularly defend serious criminal charges throughout Wisconsin.  We recognize that a Class B misdemeanor could have a serious impact on your life, and we take that very seriously.  We like winning cases for clients, and we’d like to see if that’s a possibility in your case.

Importantly, every case is different.  Sometimes we win criminal cases by filing and pursuing pre-trial motions challenging the validity of search warrants, statements made by the defendant, or experts put on the stand.  Sometimes we win cases by fighting for our clients at trial.  And sometimes we even win cases by expert pre-trial negotiation that results in a non-criminal conviction for our clients.  At your free initial consultation one of our criminal defense attorneys will discuss the potential results in your case, strategies we can employ, and then we’ll determine if we’re a match moving forward.

Finally, the next decision is yours, and it’s an important one.  You have to reach out to our firm to receive representation.  We’re one simple call away, and we monitor our calls 24/7.  If you call during non-business hours, you’ll still speak with a human who will do his or her best to connect you quickly with one of our attorneys.  Contact us now at (414) 270-0202.  Let’s get this fight started.