Wisconsin Statutes
Wis. Stat. § 940.08 (2026)
Homicide by negligent handling of dangerous weapon, explosives or fire
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
940.08(1)(1) Except as provided in sub. (3), whoever causes the death of another human being by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class G felony.
940.08(2)(2) Whoever causes the death of an unborn child by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class G felony.
940.08(3)(3) Subsection (1) does not apply to a health care provider acting within the scope of his or her practice or employment.
940.08 NoteJudicial Council Note, 1988: The definition of the offense is broadened to include highly negligent handling of fire, explosives and dangerous weapons in addition to firearm, airgun, knife or bow and arrow. See s. 939.22 (10). [Bill 191-S]
940.08 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.
940.08 AnnotationIn order to establish that the defendant was guilty of the crime of homicide by negligent handling of a dangerous weapon under sub. (1), the state had to prove three elements beyond a reasonable doubt: 1) the defendant operated or handled a dangerous weapon; 2) the defendant operated or handled a dangerous weapon in a manner constituting criminal negligence; and 3) the defendant’s operation or handling of a dangerous weapon in a manner constituting criminal negligence caused the death of another human being. State v. Langlois, 2018 WI 73, 382 Wis. 2d 414, 913 N.W.2d 812, 16-1409.
Notes of Decisions
Cited in 36
cases (1 in the last 5 years), 1961–2025 · leading case: State v. Joseph T. Langlois, 913 N.W.2d 812 (Wis. 2018).
State v. Joseph T. Langlois, 913 N.W.2d 812 (Wis. 2018). “06 (1), or homicide by negligent handling of a dangerous weapon, contrary to Wis. Stat. § 940.08 (1). The jury found Langlois guilty of homicide by negligent handling of a dangerous weapon.”
State v. Dyess, 370 N.W.2d 222 (Wis. 1985). “) The trial court went on to point out, however, that more than a finding of negligence was required to sustain a criminal conviction under sec. 940.08, Stats.: *532 "But the negligence which constitutes a high degree of negligence and which is requisite for conviction of…”
Hart v. State, 249 N.W.2d 810 (Wis. 1977). “As a result of the accident defendant was charged with violation of sec. 940.08, Stats., which provides: “(1) Whoever causes the death of another human being by a high degree of negligence in the operation or handling of a vehicle, firearm, airgun, knife or bow and arrow may be…”
State v. Spears, 433 N.W.2d 595 (Wis. Ct. App. 1988). “" Thus, the same act may constitute homicide by negligent use of a vehicle, sec. 940.08, Stats., reckless homicide, sec.”
State v. Langlois, 2017 WI App 44 (Wis. Ct. App. 2017). “2d 559, ¶ 22 , that in order to find Langlois guilty of homicide by negligent handling or operation of a dangerous weapon, the State had to prove the following: 1. The defendant operated or handled a dangerous weapon.”
State v. Asfoor, 249 N.W.2d 529 (Wis. 1977). “, violates the equal protection clause of the Fourteenth Amendment and the Eighth Amendment in that a conviction of injury by negligent use of a weapon is a felony while conviction of homicide by negligent use of a weapon, sec. 940.08, Stats., is a misdemeanor. Before…”
State v. Schutte, 2006 WI App 135 (Wis. Ct. App. 2006). “We also cited a Wisconsin Law Review article discussing the 1988 revision for the proposition that the new language did not "work a substantive change" from the former Wis. Stat. § 940.08 (enacted in 1955) regarding the showing required to *272 render negligent conduct…”
State v. Cooper, 344 N.W.2d 194 (Wis. Ct. App. 1983). “She appeals from a judgment convicting her on two counts of homicide by negligent use of a vehicle, contrary to sec. 940.08, Stats. She contends that the trial court erroneously instructed the jury on the burden of proof and reasonable doubt, that the evidence was insufficient…”
State v. Barman, 515 N.W.2d 493 (Wis. Ct. App. 1994). “In 1955, the statute was revised as §940.08, Stats., 1955, and included homicide by negligent use of a vehicle or a weapon.”
State v. Radke, 2003 WI 7 (Wis. 2003). “, Wis. Stat. § 940.08 (homicide by negligent handling of a dangerous weapon, explosives or fire isa Class D felony); § 939.”
Gedlen v. Unborn Child. of Safran Ex Rel. Kaiser, 306 N.W.2d 27 (Wis. 1981). “State , the court reviewed, on a writ of error, the conviction of an automobile driver under sec. 940.08, Stats. 1975. [9] In the course of discussing that statute, the court discussed the nature of gross negligence under the reckless homicide statute.”
State v. Lindvig, 555 N.W.2d 197 (Wis. Ct. App. 1996). “1983), we construed § 940.08, Stats., 1981-82, which is similar to § 940.”
— Wis. Stat. § 940.08(1) — 6 cases
State v. Joseph T. Langlois, 913 N.W.2d 812 (Wis. 2018). “06 (1), or homicide by negligent handling of a dangerous weapon, contrary to Wis. Stat. § 940.08 (1). The jury found Langlois guilty of homicide by negligent handling of a dangerous weapon.”
State v. Asfoor, 249 N.W.2d 529 (Wis. 1977). “, violates the equal protection clause of the Fourteenth Amendment and the Eighth Amendment in that a conviction of injury by negligent use of a weapon is a felony while conviction of homicide by negligent use of a weapon, sec. 940.08, Stats., is a misdemeanor. Before…”
State v. Alan M. Johnson, 2020 WI App 50 (Wis. Ct. App. 2020).
State v. Wolske, 420 N.W.2d 60 (Wis. Ct. App. 1988).
State v. McIntosh, 404 N.W.2d 557 (Wis. Ct. App. 1987).
— Wis. Stat. § 940.08(2) — 5 cases
State v. Dyess, 370 N.W.2d 222 (Wis. 1985). “) The trial court went on to point out, however, that more than a finding of negligence was required to sustain a criminal conviction under sec. 940.08, Stats.: *532 "But the negligence which constitutes a high degree of negligence and which is requisite for conviction of…”
State v. Spears, 433 N.W.2d 595 (Wis. Ct. App. 1988). “" Thus, the same act may constitute homicide by negligent use of a vehicle, sec. 940.08, Stats., reckless homicide, sec.”
State v. Barman, 515 N.W.2d 493 (Wis. Ct. App. 1994). “In 1955, the statute was revised as §940.08, Stats., 1955, and included homicide by negligent use of a vehicle or a weapon.”
Hart v. State, 249 N.W.2d 810 (Wis. 1977). “As a result of the accident defendant was charged with violation of sec. 940.08, Stats., which provides: “(1) Whoever causes the death of another human being by a high degree of negligence in the operation or handling of a vehicle, firearm, airgun, knife or bow and arrow may be…”
State v. Cooper, 344 N.W.2d 194 (Wis. Ct. App. 1983). “She appeals from a judgment convicting her on two counts of homicide by negligent use of a vehicle, contrary to sec. 940.08, Stats. She contends that the trial court erroneously instructed the jury on the burden of proof and reasonable doubt, that the evidence was insufficient…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.