Wisconsin law (Wis. Stat. s. 100.264) provides additional
punishment for those who take advantage of the elderly or disabled.
This law addresses the fact that the elderly and disabled
are more likely to suffer losses than other persons due to their age, poor
health, impaired understanding or restricted mobility. As a deterrent, this law
sends a clear message to anyone thinking of committing such an act in Wisconsin
that we do not tolerate preying on the most vulnerable people in our society.
The law allows courts to impose additional forfeitures of up
to $10,000 for violations of specific consumer protection laws, such as:
Motor vehicle repair
Electronic communications services
Chain distributor schemes
Manufactured home communities
Deceptive offers of employment
Requiring purchases for receiving prizes
Future Service Plans
The law may be applied in a number of situations including
those in which the guilty person knew that the victim was elderly (age 62 and
older) or disabled.
The law also applies if the guilty person’s conduct caused
an elderly or disabled person to suffer physical or emotional damage or loss
A primary residence
Principal employment or source of employment
More than 25% of the property set aside for retirement or
for personal or family care
More than 25% of pension or retirement payments
Essential assets to health or welfare
The additional forfeiture can only be applied in cases in
which the defendant is ordered to pay restitution.