Wisconsin Statutes
Wis. Stat. § 940.10 (2026)
Homicide by negligent operation of vehicle
✓ current as of July 2026
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940.10(1)(1) Whoever causes the death of another human being by the negligent operation or handling of a vehicle is guilty of a Class G felony.
940.10(2)(2) Whoever causes the death of an unborn child by the negligent operation or handling of a vehicle is guilty of a Class G felony.
940.10 NoteJudicial Council Note, 1988: Homicide by negligent operation of vehicle is analogous to prior s. 940.08. The mental element is criminal negligence as defined in s. 939.25. [Bill 191-S]
940.10 AnnotationA motorist was properly convicted under this section for running a red light at 50 m.p.h., even though the speed limit was 55 m.p.h. State v. Cooper, 117 Wis. 2d 30, 344 N.W.2d 194 (Ct. App. 1983).
940.10 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).
940.10 AnnotationA corporation may be subject to criminal liability under this section. State v. Richard Knutson, Inc., 196 Wis. 2d 86, 537 N.W.2d 420 (Ct. App. 1995), 93-1898. See also State v. Steenberg Homes, Inc., 223 Wis. 2d 511, 589 N.W.2d 668 (Ct. App. 1998), 98-0104.
940.10 AnnotationIt is not a requirement for finding criminal negligence that the actor be specifically warned that the actor’s conduct may result in harm. State v. Johannes, 229 Wis. 2d 215, 598 N.W.2d 299 (Ct. App. 1999), 98-2239.
940.10 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.
Notes of Decisions
Cited in 22
cases (1 in the last 5 years), 1990–2022 · leading case: State v. Schutte, 2006 WI App 135 (Wis. Ct. App. 2006).
State v. Schutte, 2006 WI App 135 (Wis. Ct. App. 2006). “The State charged Schutte under Wis. Stat. § 940.10 (1) (2003-04) 1 with three counts of homicide by negligent operation of a vehicle.”
State v. Richard Knutson, Inc., 537 N.W.2d 420 (Wis. Ct. App. 1995). “The State subsequently charged RKI with negligent vehicular homicide under § 940.10, STATS. RKI *93 denied the charge, disputing both the applicability of the negligent vehicular homicide statute to corporations, as well as the substantive allegations themselves.”
State v. Sample, 573 N.W.2d 187 (Wis. 1998). “The Richard Knutson court was not asked to determine the number of human beings included in the term "whoever" as used in Wis. Stat. § 940.10 . [2] ¶ 21. We agree with the State that the common and ordinary meaning of the word "whoever" can encompass both a single individual or…”
State v. Barman, 515 N.W.2d 493 (Wis. Ct. App. 1994). “Only two of these similarly situated forty-nine drivers were charged with violating § 940.10, Stats., and of these two, one had his case dismissed while the charges against the other were reduced.”
State v. Kyle Lee Monahan, 913 N.W.2d 894 (Wis. 2018). “§ 940.10 (1). The only factual dispute at trial was whether it was Monahan or R.”
State v. Christopher Joseph Allen, 2017 WI 7 (Wis. 2017). “25 (l)(b); and (5) homicide by negligent operation of a vehicle in violation of Wis. Stat. § 940.10 (1). ¶ 7. Allen entered a no contest plea to count one, homicide by intoxicated use of a vehicle in violation of Wis.”
United States v. Herrick, 545 F.3d 53 (1st Cir. 2008). “2(a), which resulted in a reduction of his Criminal History Category from V to IV. The judge disagreed with Herrick, however, regarding the classification of the Wisconsin conviction.”
State v. Harmon, 2006 WI App 214 (Wis. Ct. App. 2006). “The jury was instructed on second-degree reckless homicide as well as the lesser-included offense of homicide by negligent operation of a vehicle, Wis. Stat. § 940.10 . 3 On the hit-and-run count, the jury was instructed that one element was that "[t]he defendant knew that the…”
United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. 2008). “§ 76-5-206 (offense called "negligent homicide" and requires criminal negligence); Wis. Stat. § 940.10 (offense called "negligent homicide" and requires criminal negligence).”
State v. Steenberg Homes, Inc., 589 N.W.2d 668 (Wis. Ct. App. 1998). “(Steenberg) appeals from a conviction of two counts of *514 homicide by negligent operation of a vehicle pursuant to § 940.10, Stats., and one count of causing great bodily harm by negligent operation of a vehicle pursuant to § 346.”
State v. Liebnitz, 603 N.W.2d 208 (Wis. 1999). “[3] Wis. Stat. § 940.10 and Wis. Stat. § 939.”
State v. Bodoh, 595 N.W.2d 330 (Wis. 1999). “25 , defining criminal negligence, and Wis. Stat. § 940.10 , homicide by negligent operation of a vehicle, as unconstitutionally vague, the court of appeals determined that "the legislature has defined [']ordinary negligence to a high degree[' in § 939.”
— Wis. Stat. § 940.10(1) — 1 case
State v. Schutte, 2006 WI App 135 (Wis. Ct. App. 2006). “The State charged Schutte under Wis. Stat. § 940.10 (1) (2003-04) 1 with three counts of homicide by negligent operation of a vehicle.”
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