Code Sections

Wisconsin Statutes Section 940.02: First-Degree Reckless Homicide

What is Prohibited?

First-Degree Reckless Homicide prohibits either of the following:

• Recklessly causing the death of another human or an unborn baby being showing an utter disregard for human life, including the life of an unborn baby or pregnant woman. For example, shooting a gun into a crowd, almost everyone can easily recognize that the bullet may hit and kill someone.
• Causing the death of another by making or selling drugs (including ketamine or flunitrazepam - a roofie) if the person takes the drug and dies as result of its use, if multiple people are involved in the distribution of a drug that kills someone all of them can be found guilty of the death. Also includes administering a drug illegally to a human who dies from the use of the drug.

Penalty

Both First-Degree Reckless (non-drug related) and Second-Degree Intentional Homicide (equivalent to voluntary manslaughter in other states) are Class B felonies. Class B felonies can be receive a maximum sentence of 60 years in prison. This can be a life sentence for many inmates.

For deaths caused by making, selling, or administering drugs, the penalty is a Class C felony, which can be punished by up to 40 years in prison and a fine not to exceed $100,000.

Defenses

The prior version of this law allowed the mitigating circumstance of "adequate provocation" (such as seeing your spouse sleeping with a lover and killing them both) to lower the second-degree murder charge to manslaughter. However, now that first-degree reckless and second-degree intentional homicide carry the same penalty, there's no mitigation and therefore no defense on that basis.

However, other defenses may apply, depending on the facts of the case. Some defenses are "complete,” so if believed by the judge or jury the person will be found not guilty. Complete defenses include innocence and insanity, at least sometimes. Other defenses are partial, meaning they lower the offense to a less serious form of murder or homicide, such as self-defense or intoxication, again only sometimes.