Wisconsin Statutes
Wis. Stat. § 940.24 (2026)
Injury by negligent handling of dangerous weapon, explosives or fire
✓ current as of July 2026
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940.24(1)(1) Except as provided in sub. (3), whoever causes bodily harm to another by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class I felony.
940.24(2)(2) Whoever causes bodily harm to an unborn child by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class I felony.
940.24(3)(3) Subsection (1) does not apply to a health care provider acting within the scope of his or her practice or employment.
940.24 NoteJudicial Council Note, 1988: The definition of the offense is broadened to include highly negligent handling of fire, explosives and dangerous weapons other than a firearm, airgun, knife or bow and arrow. See s. 939.22 (10). The culpable mental state is criminal negligence. See s. 939.25 and the NOTE thereto. [Bill 191-S]
940.24 AnnotationDogs must be intended to be weapons before their handling can result in a violation of this section. That a dog bites does not render the dog a dangerous weapon. Despite evidence of positive steps to restrain the dog, when those measures are inadequate criminal negligence may be found. Physical proximity is not necessary for a defendant’s activity to constitute handling. State v. Bodoh, 226 Wis. 2d 718, 595 N.W.2d 330 (1999), 97-0495.
Notes of Decisions
Cited in 21
cases (2 in the last 5 years), 1977–2024 · leading case: State v. Bodoh, 595 N.W.2d 330 (Wis. 1999).
State v. Bodoh, 595 N.W.2d 330 (Wis. 1999). “Bodoh (Bodoh), was tried and convicted of injury by negligent handling of dangerous weapon in violation of Wis. Stat. § 940.24 as a result of his two Rottweiler dogs attacking a fourteen-year-old boy who was riding his bicycle.”
State Ex Rel. Kalal v. Circuit Court for Dane Cnty., 2004 WI 58 (Wis. 2004). “191, Wis. Stat. Ann. § 940.24 (West 1996)). [37] See http://wsll.”
State v. Bodoh, 582 N.W.2d 440 (Wis. Ct. App. 1998). “, but from a criminal judgment of conviction pursuant to § 940.24, STATS. ("Injury by negligent handling of dangerous weapon, explosives or fire.”
State v. Asfoor, 249 N.W.2d 529 (Wis. 1977). “The defendant contends that the trial court lost its jurisdiction over the sec. 940.24(1), Stats., charge, injury by negligent use of a weapon, when it dismissed it on January 17, 1975.”
State v. Black, 2001 WI 31 (Wis. 2001). “2d 330 (1999), we unanimously upheld a conviction for the negligent handling of a dangerous weapon under Wis. Stat. § 940.24 . In defining "handling," we *150 noted that this word may encompass different meanings, including "`to operate with the hands; manipulate'" or "`[t]o…”
State Law Enf't Standards Bd. v. Vill. of Lyndon Station, 295 N.W.2d 818 (Wis. Ct. App. 1980). “(1971), provided: "A crime punishable by imprisonment in the state prison is a felony. Every other crime is a misdemeanor.”
State v. Lindvig, 555 N.W.2d 197 (Wis. Ct. App. 1996). “*104 The State tried Lindvig for causing injury to another by the negligent operation of a dangerous weapon under § 940.24, Stats. The jury found Lindvig guilty, and Lindvig appeals.”
State v. Cissell, 378 N.W.2d 691 (Wis. 1985). “In Asfoor , we struck down the penalty provision of the felony crime of injury by negligent use of a weapon, sec. 940.24(1), Stats. We based our decision on the fact that the crime of homicide by negligent use of a weapon, obviously a more serious crime, was only a misdemeanor.”
State v. Quintana, 2008 WI 33 (Wis. 2008). “§ 940.24 (injury by negligent use of weapons); Wis.”
State v. Radke, 2002 WI App 146 (Wis. Ct. App. 2002). “In Asfoor, the supreme court held that the penalty provision of Wis. Stat. § 940.24 (1) violated equal protection because it made injury by negligent use of a weapon a felony, while homicide by negligent use of a weapon under Wis.”
State v. Verhasselt, 266 N.W.2d 342 (Wis. 1978). “The defendant next asserts that the trial court erred in failing to instruct the jury with regard to the offense of injury by negligent use of a weapon, contrary to sec. 940.24, Stats., as a lesser included offense.”
Sears v. State, 287 N.W.2d 785 (Wis. 1980). “, was punished as a misdemeanor, while injury by negligent use of a weapon was punished as a felony, sec. 940.24(1), Stats., 1975, violated the equal protection clause as having no reasonable basis.”
— Wis. Stat. § 940.24(1) — 8 cases
State v. Asfoor, 249 N.W.2d 529 (Wis. 1977). “The defendant contends that the trial court lost its jurisdiction over the sec. 940.24(1), Stats., charge, injury by negligent use of a weapon, when it dismissed it on January 17, 1975.”
State v. Cissell, 378 N.W.2d 691 (Wis. 1985). “In Asfoor , we struck down the penalty provision of the felony crime of injury by negligent use of a weapon, sec. 940.24(1), Stats. We based our decision on the fact that the crime of homicide by negligent use of a weapon, obviously a more serious crime, was only a misdemeanor.”
State Law Enf't Standards Bd. v. Vill. of Lyndon Station, 295 N.W.2d 818 (Wis. Ct. App. 1980). “(1971), provided: "A crime punishable by imprisonment in the state prison is a felony. Every other crime is a misdemeanor.”
Sears v. State, 287 N.W.2d 785 (Wis. 1980). “, was punished as a misdemeanor, while injury by negligent use of a weapon was punished as a felony, sec. 940.24(1), Stats., 1975, violated the equal protection clause as having no reasonable basis.”
State Ex Rel. McDonald v. Circuit Court for Douglas Cnty., 302 N.W.2d 462 (Wis. 1981).
— Wis. Stat. § 940.24(5)(a) — 1 case
State v. Conley, 416 N.W.2d 69 (Wis. Ct. App. 1987).
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