{"id":377323,"date":"2016-03-31T21:37:19","date_gmt":"2016-04-01T02:37:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/wisconsin-law\/wisconsin-involuntary-manslaughter-law.html"},"modified":"2016-06-20T19:49:13","modified_gmt":"2016-06-21T00:49:13","slug":"wisconsin-involuntary-manslaughter-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/wisconsin-law\/wisconsin-involuntary-manslaughter-law.html","title":{"rendered":"Wisconsin Involuntary Manslaughter Law"},"content":{"rendered":"\n
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Wisconsin Involuntary Manslaughter Law<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If a killing was accidental, is it a crime? Involuntary manslaughter, also known as criminally negligent manslaughter in some states, occurs when a person accidentally kills another due to his or her own criminal negligence or recklessness. Unlike first or second degree (intentional) murder, with involuntary manslaughter<\/a>, the defendant had no intention of killing anyone, but their careless or reckless actions caused another person to die.<\/p>\n

Wisconsin has two degrees of reckless homicide, but only the second falls into the involuntary manslaughter category. The other is first-degree reckless homicide, for more information see the Wisconsin Second Degree Murder article.<\/p>\n

Negligent or Intoxicated Driving or Firearm Deaths<\/h2>\n

Both drunk driving and texting while driving<\/a> can kill passengers, other drivers, and innocent pedestrians. So can using a gun negligently or while drunk. Wisconsin has two different laws for killing people with a vehicle, one specifically for intoxicated driving<\/a> and the other for other negligent driving.<\/p>\n

In addition, negligent use of dangerous weapons like guns and explosives or intoxicated use of guns that causes someone\u2019s death are homicide charges in Wisconsin. If it seems unsafe to do something, you probably shouldn’t.<\/p>\n

Wisconsin Involuntary Manslaughter Statute<\/h2>\n

The following table highlights the main provisions of Missouri’s involuntary manslaughter law.<\/p>\n\n

Code Sections<\/b><\/p>\n<\/td>\n

Wisconsin Statutes Section 940.06: Second-Degree Reckless Homicide<\/a>, 940.7: Homicide Resulting from Negligent Control of Vicious Animal<\/a>, 940.08: Homicide by Negligent Handling of Dangerous Weapon, Explosives, or Fire<\/a>, 940.09: Homicide by Intoxicated Use of Vehicle or Firearm<\/a>, 940.10: Homicide by Negligent Operation of a Vehicle<\/a><\/p>\n<\/td>\n<\/tr>

What is Prohibited?<\/b><\/p>\n<\/td>\n

All of the following forms of reckless or negligent homicides are illegal in Wisconsin:<\/p>\n

Penalty<\/b><\/p>\n<\/td>\n

Criminal sentences in Wisconsin vary based on the level or class of felony. The above homicide crimes are punished by:<\/p>\n

Defenses<\/b><\/p>\n<\/td>\n

Many manslaughter defenses<\/a> are specific to the facts of a case. Wisconsin law provides for some defenses in the statutes. For example, for homicide by negligent use of a vehicle or guns while intoxicated it’s sometimes a defense that the death would have occurred even if the defendant had exercised due care or hadn’t been drunk or on drugs. It’s also a defense that a person has detectable drugs in their bloodstream, but has a valid prescription for the drugs.<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

Note:<\/i><\/b> State laws change regularly — conduct your own legal research to verify the laws you’re researching<\/i>.<\/p>\n

If you’re facing any form of homicide charge, contact an experienced Wisconsin criminal defense attorney<\/a> immediately for help.<\/p>\n

Research the Law<\/h2>\n