Wisconsin Statutes
Wis. Stat. § 939.14 (2026)
Criminal conduct or contributory negligence of victim no defense
✓ current as of July 2026
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939.14939.14 Criminal conduct or contributory negligence of victim no defense. It is no defense to a prosecution for a crime that the victim also was guilty of a crime or was contributorily negligent.
939.14 AnnotationA jury instruction that a defrauded party had no duty to investigate fraudulent representations was correct. Lambert v. State, 73 Wis. 2d 590, 243 N.W.2d 524 (1976).
939.14 AnnotationThis section does not prevent considering the victim’s negligence in relation to causation. This section only means that a defendant is not immune from prosecution merely because the victim has been negligent. State v. Lohmeier, 205 Wis. 2d 183, 556 N.W.2d 90 (1996), 94-2187.
Notes of Decisions
Cited in 4
cases, 1976–2015 · leading case: State v. Lohmeier, 556 N.W.2d 90 (Wis. 1996).
State v. Lohmeier, 556 N.W.2d 90 (Wis. 1996). “) The State requested this instruction based on Wis. Stat. § 939.14 . [6] *191 The jury subsequently found Lohmeier guilty on all counts.”
Lambert v. State, 243 N.W.2d 524 (Wis. 1976). “It is no defense to a prosecution for a crime that the victim also was guilty of a crime or was contributorily negligent.” The instruction given in this case — that the victim is not required to investigate the defendant’s representations — is not an erroneous statement of the…”
State v. Lunz, 273 N.W.2d 767 (Wis. 1979). “Sec. 939.14, Stats., reads: “Criminal conduct or contributory negligence of victim no defense.”
State v. Adams, 2015 WI App 34 (Wis. Ct. App. 2015). “" Wis. Stat. § 939.14 . Recording someone nude in violation of § 942.”
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