Wisconsin Statutes

Wis. Stat. § 941.30 (2026)

Recklessly endangering safety

✓ current as of July 2026
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941.30941.30Recklessly endangering safety.
941.30(1)(1)First-degree recklessly endangering safety. Whoever recklessly endangers another’s safety under circumstances which show utter disregard for human life is guilty of a Class F felony.
941.30(2)(2)Second-degree recklessly endangering safety. Whoever recklessly endangers another’s safety is guilty of a Class G felony.
941.30 HistoryHistory: 1987 a. 399; 2001 a. 109.
941.30 NoteJudicial Council Note, 1988: Sub. (1) is analogous to the prior offense of endangering safety by conduct regardless of life.
941.30 NoteSub. (2) is new. It creates the offense of endangering safety by criminal recklessness. See s. 939.24 and the NOTE thereto. [Bill 191-S]
941.30 AnnotationA bomb scare under s. 947.015 is not a lesser included crime of recklessly endangering safety. State v. Van Ark, 62 Wis. 2d 155, 215 N.W.2d 41 (1974).
941.30 AnnotationThis section is a lesser included offense of s. 940.01, first-degree homicide. State v. Weeks, 165 Wis. 2d 200, 477 N.W.2d 642 (Ct. App. 1991).
941.30 AnnotationA conviction under sub. (1) was proper when the defendant desisted from an attack but showed no regard for the victim’s life or safety during the attack. State v. Holtz, 173 Wis. 2d 515, 496 N.W.2d 668 (Ct. App. 1992).
941.30 AnnotationFirst-degree recklessly endangering safety is not a lesser included offense of s. 940.19 (5) [now s. 940.60 (3) (b)], aggravated battery. State v. Dibble, 2002 WI App 219, 257 Wis. 2d 274, 650 N.W.2d 908, 02-0538.
941.30 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 189 cases (39 in the last 5 years), 1968–2026 · leading case: State v. Carter, 2010 WI 77 (Wis. 2010).
State v. Carter, 2010 WI 77 (Wis. 2010). · cites it 24× “The defendant entered a plea of guilty to a felony in Wisconsin, first degree recklessly endangering safety, in violation of Wis. Stat. § 941.30 (1). The sentence for this crime was imposed to run concurrently with a sentence previously imposed in Illinois for an unrelated armed…”
State v. Robert Joseph Stietz, 2017 WI 58 (Wis. 2017). · cites it 12× “4 The jury found the defendant guilty of two of the following six offenses charged: (1) first-degree recklessly endangering safety ( Wis. Stat. § 941.30 (1)); (2) resisting or obstructing an officer (Warden Frost), use of a dangerous weapon ( Wis.”
State v. Timothy L. Finley, Jr., 2016 WI 63 (Wis. 2016). · cites it 11× “¶100 On June 7, 2011, a criminal complaint was filed against Finley charging him with four offenses: (1) first-degree reckless endangerment, domestic abuse, use of a dangerous weapon, contrary to Wis. Stat. §§ 941.30 (1), 968.075(1)(a), and 939.”
State v. Payano, 2009 WI 86 (Wis. 2009). · cites it 8× “63 (2007-08), [1] and two counts of second-degree recklessly endangering safety while using a dangerous weapon, contrary to Wis. Stat. §§ 941.30 (2) and 939.63. Payano was convicted by a jury in Milwaukee County Circuit Court, with Judge Karen E.”
State v. Lechner, 576 N.W.2d 912 (Wis. 1998). · cites it 11× “63 (2)(a); and (5) *400 two counts of second-degree recklessly endangering the safety of another, in violation of Wis. Stat. § 941.30 (2). 4 *399 (a) If the person has one or no prior convictions, suspensions, or revocations.”
Balistreri v. State, 265 N.W.2d 290 (Wis. 1978). · cites it 16× “Balistreri, brings this writ of error to review his conviction of endangering the safety of another, one Fred Timmer-mann, contrary to sec. 941.30, Stats. He was sentenced to two and one-half years’ imprisonment.”
State v. Ndina, 2009 WI 21 (Wis. 2009). · cites it 4× “[3] Three members of the defendant's family stated in affidavits attached to the defendant's motion for postconviction relief that the circuit court's order had prevented them from attending portions of the defendant's trial. The defendant's brother and the defendant's sister's…”
State v. Howell, 2007 WI 75 (Wis. 2007). · cites it 4× “[4] The information incorrectly states that the charge is first degree recklessly endangering safety under Wis. Stat. § 941.30 (1). [5] Wis. Stat. § 939.”
State v. Evans, 2004 WI 84 (Wis. 2004). · cites it 4× “I agree with the State that the court of appeals erred in holding that the circuit court, during the trial of Evans on the charge of attempted first-degree intentional homicide, should have granted Evans's request for a lesser-included offense jury instruction on first-degree…”
State v. Gordon, 2003 WI 69 (Wis. 2003). · cites it 4× “63; and second degree recklessly endangering safety, contrary to Wis. Stat. § 941.30 (2). At trial, he testified that when he first saw that police officers had arrived at the apartment, he armed himself with two knives in order to set in motion his escape: "Well, when I seen…”
State v. Blanco, 371 N.W.2d 406 (Wis. Ct. App. 1985). · cites it 22× “Billy Jo Blanco (Blanco) appeals from a judgment and order of the circuit court finding him not guilty by reason of mental disease or defect of two counts of endangering safety by conduct regardless of life in violation of sec. 941.30, Stats., and ordering him committed to a…”
State v. Dibble, 2002 WI App 219 (Wis. Ct. App. 2002). · cites it 12× “The State originally charged Dibble with two counts of aggravated battery and two counts of first-degree recklessly endangering safety, contrary to Wis. Stat. § 941.30 (1). Dibble pled guilty to the two battery charges and the endangering safety counts were dismissed.”
— Wis. Stat. § 941.30(1) — 36 cases
State v. Howard, 2001 WI App 137 (Wis. Ct. App. 2001).
State v. Kanarowski, 489 N.W.2d 660 (Wis. Ct. App. 1992).
State v. Dibble, 2002 WI App 219 (Wis. Ct. App. 2002). “The State originally charged Dibble with two counts of aggravated battery and two counts of first-degree recklessly endangering safety, contrary to Wis. Stat. § 941.30 (1). Dibble pled guilty to the two battery charges and the endangering safety counts were dismissed.”
State v. Robinson, 2002 WI 9 (Wis. 2002).
State v. Weeks, 477 N.W.2d 642 (Wis. Ct. App. 1991).
— Wis. Stat. § 941.30(2) — 32 cases
State v. Lechner, 576 N.W.2d 912 (Wis. 1998). “63 (2)(a); and (5) *400 two counts of second-degree recklessly endangering the safety of another, in violation of Wis. Stat. § 941.30 (2). 4 *399 (a) If the person has one or no prior convictions, suspensions, or revocations.”
State v. Johnson, 516 N.W.2d 463 (Wis. Ct. App. 1994).
State v. Goldstein, 513 N.W.2d 631 (Wis. Ct. App. 1994).
State v. Grinder, 527 N.W.2d 326 (Wis. 1995).
State v. Gordon, 2002 WI App 53 (Wis. Ct. App. 2002).
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