CHAPTER 940
CRIMES AGAINST LIFE AND BODILY SECURITY
LIFE.
940.01 First-degree intentional homicide.
940.02 First-degree reckless homicide.
940.05 Second-degree intentional homicide.
940.06 Second-degree reckless homicide.
940.07 Homicide resulting from negligent control of vicious animal.
940.08 Homicide by negligent handling of dangerous weapon, explosives or fire.
940.09 Homicide by intoxicated use of vehicle or firearm.
940.10 Homicide by negligent operation of vehicle.
940.11 Mutilating or hiding a corpse.
940.12 Assisting suicide.
940.13 Abortion exception.
BODILY SECURITY.
940.19 Battery; substantial battery; aggravated battery.
940.20 Battery: special circumstances.
940.203 Battery or threat to judge.
940.205 Battery or threat to department of revenue employe.
940.207 Battery or threat to department of commerce or department of industry, labor and job development employe.
940.22 Sexual exploitation by therapist; duty to report.
940.24 Injury by negligent handling of dangerous weapon, explosives or fire.
940.25 Injury by intoxicated use of a vehicle.
940.285 Abuse of vulnerable adults.
940.29 Abuse of residents of penal facilities.
940.291 Law enforcement officer; failure to render aid.
940.295 Abuse and neglect of patients and residents.
940.30 False imprisonment.
940.34 Duty to aid victim or report crime.
940.42 Intimidation of witnesses; misdemeanor.
940.43 Intimidation of witnesses; felony.
940.44 Intimidation of victims; misdemeanor.
940.45 Intimidation of victims; felony.
940.46 Attempt prosecuted as completed act.
940.48 Violation of court orders.
Ch. 940 Note
NOTE: 1987 Wis. Act 399 included changes in homicide and lesser included offenses. The sections affected had previously passed the senate as 1987 Senate Bill 191, which was prepared by the Judicial Council and contained explanatory notes. These notes have been inserted following the sections affected and are credited to SB 191 as "Bill 191-S". These notes do not appear in the 1987-88 edition of the Wisconsin Statutes.
LIFE.
940.01
940.01
First-degree intentional homicide. 940.01(1)
(1)
Offense. Except as provided in
sub. (2), whoever causes the death of another human being with intent to kill that person or another is guilty of a Class A felony.
940.01(2)
(2) Mitigating circumstances. The following are affirmative defenses to prosecution under this section which mitigate the offense to 2nd-degree intentional homicide under
s. 940.05:
940.01(2)(a)
(a)
Adequate provocation. Death was caused under the influence of adequate provocation as defined in
s. 939.44.
940.01(2)(b)
(b)
Unnecessary defensive force. Death was caused because the actor believed he or she or another was in imminent danger of death or great bodily harm and that the force used was necessary to defend the endangered person, if either belief was unreasonable.
940.01(2)(c)
(c)
Prevention of felony. Death was caused because the actor believed that the force used was necessary in the exercise of the privilege to prevent or terminate the commission of a felony, if that belief was unreasonable.
940.01(3)
(3) Burden of proof. When the existence of an affirmative defense under
sub. (2) has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the defense did not exist in order to sustain a finding of guilt under
sub. (1).
940.01 History
History: 1987 a. 399.
