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STATE v. WEST

No. 93-2298-CR.

183 Wis.2d 46 (1994)

515 N.W.2d 484

STATE of Wisconsin, Plaintiff-Appellant, v. Arthur WEST, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 2, 1994.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the brief of James E. Doyle, attorney general, and Shelly Jean Rusch, assistant district attorney.

On behalf of the defendant-respondent, the cause was submitted on the brief of Terry W. Rose of Rose & Rose of Kenosha.

Before Anderson, P.J., Brown and Nettesheim, JJ.

BROWN, J.

Section 939.45(5), STATS., accords a physical discipline privilege to parents, guardians and "person[s] legally responsible for the child's welfare in a residential setting" as a defense to prosecution for battery of a child under their care. The issue is whether foster parents come within that privilege. We hold that they do because the ordinary meaning of "person[s] legally responsible for the child's welfare in a residential setting" includes foster parents...

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