Wisconsin Statutes
Wis. Stat. § 939.25 (2026)
Criminal negligence
✓ current as of July 2026
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939.25(1)(1) In this section, “criminal negligence” means ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to another, except that for purposes of ss. 940.08 (2), 940.10 (2) and 940.24 (2), “criminal negligence” means ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to an unborn child, to the woman who is pregnant with that unborn child or to another.
939.25(2)(2) If criminal negligence is an element of a crime in chs. 939 to 951 or s. 346.62, the negligence is indicated by the term “negligent” or “negligently”.
939.25 NoteJudicial Council Note, 1988: This section is new. It provides a uniform definition of criminal negligence, patterned on prior ss. 940.08 (2), 940.24 (2) and 941.01 (2). Criminal negligence means the creation of a substantial and unreasonable risk of death or great bodily harm to another, of which the actor should be aware. [Bill 191-S]
939.25 AnnotationThe definition of criminal negligence as applied to homicide by negligent operation of a vehicle is not unconstitutionally vague. State v. Barman, 183 Wis. 2d 180, 515 N.W.2d 493 (Ct. App. 1994).
Notes of Decisions
Cited in 18
cases (4 in the last 5 years), 1991–2023 · leading case: State v. Schutte, 2006 WI App 135 (Wis. Ct. App. 2006).
State v. Schutte, 2006 WI App 135 (Wis. Ct. App. 2006). “" See Wis. Stat. § 939.25 (2). In order to prove a violation of § 940.”
Lindsey Dostal v. Curtis Strand, 2023 WI 6 (Wis. 2023). “" Wis. Stat. § 939.25 (1) (emphasis added).”
State v. Bodoh, 595 N.W.2d 330 (Wis. 1999). “" Wis. Stat. § 939.25 (1). ¶ 26. To understand "criminal negligence" we must first define ordinary negligence.”
State v. Head, 2002 WI 99 (Wis. 2002). “24 ]; (4) The mental element is negligence when the actor should realize that the conduct creates a substantial and unreasonable risk of death or great bodily harm to another [ Wis. Stat. § 939.25 ]. Walter Dickey, David Schultz & James L.”
United States v. Herrick, 545 F.3d 53 (1st Cir. 2008). “10 , and a related statute defining “criminal negligence,” Wis. Stat. Ann. § 939.25 , pursuant to the conditional two-step approach described in United States v.”
State v. Barman, 515 N.W.2d 493 (Wis. Ct. App. 1994). “Barman claims that §§ 939.25 and 940.10, STATS., are unconstitutionally vague in violation of his federal and state rights to equal protection and due process of *197 law.”
State v. Harmon, 2006 WI App 214 (Wis. Ct. App. 2006). “10 ; Wis. Stat. § 939.25 (2). "Criminal negligence" means "ordinary negligence to a high degree, consisting of conduct that the actor should realize creates substantial and unreasonable risk of death of great bodily harm to another.”
State v. Colstad, 2003 WI App 25 (Wis. Ct. App. 2003). “" Wis. Stat. § 939.25 (1). At the time Colstad was initially detained, the officer had neither smelled an odor of intoxicants nor observed Colstad exhibit any other sign of intoxication.”
State v. Seibel, 471 N.W.2d 226 (Wis. 1991). “" Section 939.25(1), Stats. Accord, State v.”
State v. Mueller, 549 N.W.2d 455 (Wis. Ct. App. 1996). “Section 939.25(1), STATS., provides: "`[C]riminal negligence' means ordinary negligence to a high degree, consisting of conduct which the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to another.”
State v. Schaefer, 2003 WI App 164 (Wis. Ct. App. 2003). “§ 939.25(1) provides that criminal negligence is "ordinary negligence to a high degree.”
State v. Butler, 2009 WI App 52 (Wis. Ct. App. 2009). “62 because his driving, even if the officers accepted the security guard's description as being true, did not satisfy the requirement of Wis. Stat. § 939.25 that an element of a violation of § 346.”
— Wis. Stat. § 939.25(1) — 7 cases
State v. Seibel, 471 N.W.2d 226 (Wis. 1991). “" Section 939.25(1), Stats. Accord, State v.”
State v. Schutte, 2006 WI App 135 (Wis. Ct. App. 2006). “" See Wis. Stat. § 939.25 (2). In order to prove a violation of § 940.”
State v. Mueller, 549 N.W.2d 455 (Wis. Ct. App. 1996). “Section 939.25(1), STATS., provides: "`[C]riminal negligence' means ordinary negligence to a high degree, consisting of conduct which the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to another.”
State v. Schaefer, 2003 WI App 164 (Wis. Ct. App. 2003). “§ 939.25(1) provides that criminal negligence is "ordinary negligence to a high degree.”
State v. Lindvig, 555 N.W.2d 197 (Wis. Ct. App. 1996).
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