Wisconsin Statutes
Wis. Stat. § 940.03 (2026)
Felony murder
✓ current as of July 2026
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940.03940.03 Felony murder. Whoever causes the death of another human being while committing or attempting to commit a crime specified in s. 940.225 (1) or (2) (a), 940.30, 940.31, 940.60, 940.61, 940.62, 940.65, 943.02, 943.10 (2), 943.231 (1), 943.32 (2), or 947.016 (1), (2), or (3) or s. 940.19, 2023 stats., s. 940.195, 2023 stats., s. 940.20, 2023 stats., s. 940.201, 2023 stats., s. 940.203, 2023 stats., or s. 940.204, 2023 stats., may be imprisoned for not more than 15 years in excess of the maximum term of imprisonment provided by law for that crime or attempt.
940.03 HistoryHistory: 1987 a. 399; 2001 a. 109; 2005 a. 313; 2021 a. 209; 2023 a. 10; 2025 a. 24 s. 93.
940.03 NoteJudicial Council Note, 1988: The prior felony murder statute (s. 940.02 (2)) did not allow enhanced punishment for homicides caused in the commission of a Class B felony. State v. Gordon, 111 Wis. 2d 133, 330 N.W.2d 564 (1983). The revised statute eliminates the “natural and probable consequence” limitation and limits the offense to homicides caused in the commission of or attempt to commit armed robbery, armed burglary, arson, first-degree sexual assault or 2nd-degree sexual assault by use or threat of force or violence. The revised penalty clause allows imposition of up to 20 years’ imprisonment more than that prescribed for the underlying felony. Prosecution and punishment for both offenses remain barred by double jeopardy. State v. Carlson, 5 Wis. 2d 595, 93 N.W.2d 355 (1958). [Bill 191-S]
940.03 AnnotationTo prove that the defendant caused the death, the state need only prove that the defendant’s conduct was a substantial factor. The phrase “while committing or attempting to commit” encompasses the immediate flight from the felony. A defendant may be convicted if another person, including an intended felony victim, fires the fatal shot. State v. Oimen, 184 Wis. 2d 423, 516 N.W.2d 399 (1994). See also State v. Rivera, 184 Wis. 2d 485, 516 N.W.2d 391 (1994); State v. Chambers, 183 Wis. 2d 316, 515 N.W.2d 531 (Ct. App. 1994).
940.03 AnnotationAttempted felony murder does not exist. Attempt requires intent, and the crime of felony murder is complete without specific intent. State v. Briggs, 218 Wis. 2d 61, 579 N.W.2d 783 (Ct. App. 1998), 97-1558.
940.03 AnnotationOimen, 184 Wis. 2d 423 (1994), affirms that felony murder liability exists if a defendant is a party to one of the listed felonies and a death results. State v. Krawczyk, 2003 WI App 6, 259 Wis. 2d 843, 657 N.W.2d 77, 02-0156.
940.03 AnnotationThe 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.
940.03 AnnotationFor purposes of calculating initial confinement, felony murder is a stand-alone unclassified crime, not a penalty enhancer. State v. Mason, 2004 WI App 176, 276 Wis. 2d 434, 687 N.W.2d 526, 03-2693.
940.03 AnnotationAn actor causes death if the actor’s conduct is a substantial factor in bringing about that result. A substantial factor need not be the sole cause of death for one to be held legally culpable. Whether an intervening act was negligent, intentional, or legally wrongful is irrelevant. The state must still prove beyond a reasonable doubt that the defendant’s acts were a substantial factor in producing the death. State v. Below, 2011 WI App 64, 333 Wis. 2d 690, 799 N.W.2d 95, 10-0798.
940.03 AnnotationUnder the facts of this case, the court did not err in denying an intervening cause instruction. Even if the defendant could have established that the termination of the victim’s life support was “wrongful” under Wisconsin law, that wrongful act would not break the chain of causation between the defendant’s actions and victim’s subsequent death. State v. Below, 2011 WI App 64, 333 Wis. 2d 690, 799 N.W.2d 95, 10-0798.
940.03 AnnotationFelony murder is committed when the death of another person is caused by a defendant during the commission of certain crimes, including burglary. The elements of burglary include the intent to either steal or to commit a felony. The evidence demonstrated that the defendant in this case forced his way into a building and started shooting with two guns, which was indicative of an intent to recklessly endanger the safety of those inside—a felony. Therefore, the defendant was convicted of a valid crime. State v. Mays, 2022 WI App 24, 402 Wis. 2d 162, 975 N.W.2d 649, 21-0765.
Notes of Decisions
Cited in 52
cases (9 in the last 5 years), 1958–2025 · leading case: State v. Oimen, 516 N.W.2d 399 (Wis. 1994).
State v. Oimen, 516 N.W.2d 399 (Wis. 1994). “Northrup, convicting James Oimen, pursuant to a jury verdict, of felony murder, sec. 940.03, Stats., as a party to a crime and convicting Oimen of attempted armed robbery, secs.”
State v. Krawczyk, 2003 WI App 6 (Wis. Ct. App. 2002). “According to Krawczyk, Wis. Stat. § 940.03 (1999-2000) 2 requires the State to prove more than simply that (1) Krawczyk was a party to the crime of armed robbery, and (2) the commission of the armed robbery caused Fazio's death.”
State v. Maltese Lavele Williams, 2015 WI 75 (Wis. 2015). “5 ¶17 During jury selection, prospective jurors were informed that they might "have to look at photographs from the scene that have blood on them, that have people deceased, people 3 Contrary to Wis. Stat. §§ 940.03 , 943.32(2), 939.32, and 939.”
State v. Morgan, 536 N.W.2d 425 (Wis. Ct. App. 1995). “At the jury-instruction conference, Morgan requested lesser-included offense instructions for both felony murder, see § 940.03, STATS., [20] and first-degree reckless homicide, see § 940.”
State v. Mason, 2004 WI App 176 (Wis. Ct. App. 2004). “He argues that the circuit court misconstrued the felony murder statute, Wis. Stat. § 940.03 (1999-2000), 1 and, therefore, miscalculated Mason's possible maximum term of initial confinement.”
State v. Gordon, 330 N.W.2d 564 (Wis. 1983). “Sec. 940.03, Stats. 1973. [8] Although several persons involved in the 1953 criminal code revision had wanted to eliminate the provision for felony-murder, felony-murder remained part of the 1955 criminal code.”
State v. Briggs, 579 N.W.2d 783 (Wis. Ct. App. 1998). “Section 940.03. The problem with the State's theory is that, under Wisconsin law, one cannot attempt to commit a crime which does not itself include an element of specific intent.”
State v. Hall, 2002 WI App 108 (Wis. Ct. App. 2002). “§ 940.03 (1999-2000), [1] six counts of armed robbery, party to a crime, contrary to WIS.”
State v. Chambers, 515 N.W.2d 531 (Wis. Ct. App. 1994). “Application This case requires us to consider, for the first time in Wisconsin, the question of whether a defendant can be held liable for felony murder, party to a crime, where a defendant participates with an accomplice in a relevant underlying felony within § 940.03, Stats.,…”
Alonzo R. Perry v. Gary R. McCaughtry Warden, 308 F.3d 682 (7th Cir. 2002). “7 Perry's defense theory was that intentional murder was not the natural and probable consequence of armed robbery, and thus at most he was guilty as a "party to a crime" of felony murder, which in Wisconsin occurs where a person causes the death of another during the commission…”
State v. Polashek, 2002 WI 74 (Wis. 2002). “To prove that a defendant intended an action, the State is required to prove that the defendant "has a purpose to do the thing or cause the result specified, or is aware that his or her conduct is practically certain to cause that result.”
United States v. Scott, 990 F.3d 94 (2d Cir. 2021). “011; Wis. Stat. Ann. §§ 940.03 , 940.19(5). See Conn.”
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