940.06 Second-degree reckless homicide. - Wisconsin Statutes

940.06

940.06 Second-degree reckless homicide.

940.06(1)

(1) Whoever recklessly causes the death of another human being is guilty of a Class D felony.

940.06(2)

(2) Whoever recklessly causes the death of an unborn child is guilty of a Class D felony.

940.06 - ANNOT.

History: 1987 a. 399; 1997 a. 295; 2001 a. 109.

940.06 - ANNOT.

Judicial Council Note, 1988: Second-degree reckless homicide is analogous to the prior offense of homicide by reckless conduct. The revised statute clearly requires proof of a subjective mental state, i.e., criminal recklessness. See s. 939.24 and the NOTE thereto. [Bill 191-S]

940.06 - ANNOT.

Second-degree reckless homicide is not a lesser included offense of homicide by intoxicated use of a motor vehicle. State v. Lechner, 217 Wis. 2d 392, 576 N.W.2d 912 (1998), 96-2830.

940.06 - ANNOT.

The common law "year-and-a-day rule" that no homicide is committed unless the victim dies within a year and a day after the injury is inflicted is abrogated, with prospective application only. State v. Picotte, 2003 WI 42, 261 Wis. 2d 249, 661 N.W.2d 381, 01-3063.

940.06 - ANNOT.

Importance of clarity in law of homicide: The Wisconsin revision. Dickey, Schultz & Fullin. 1989 WLR 1323 (1989).