Murder in Wisconsin law

Murder in Wisconsin constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Wisconsin.

The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate slightly below the median for the entire country.[1]

In 2003, the Wisconsin Supreme Court upheld the year and a day rule in the case before it, but simultaneously abolished the rule for any later cases, noting the modern circumstances of homicide cases, in which there is "the specter of a family's being forced to choose between terminating the use of a life-support system and allowing an accused to escape a murder charge" and the court's finding that it is "unjust to permit an assailant to escape punishment because of a convergence of modern medical advances and an archaic rule from the thirteenth century".[2]

Felony murder rule

In Wisconsin, the felony murder rule is found in Wis. Stat. Sec. 940.03 and was last revised in 2005. Generally, the statute applies to dangerous felonies, felonies that have a propensity to cause great bodily harm, or those that involve a dangerous weapon or even a facade of a weapon. Sentences adding felony murder are enhanced by a maximum of 15 years, plus whatever the maximum of the underlying felony awards.[3]

Crimes in the felony murder statute in Wisconsin are:

  • battery, including that to an unborn child
  • Sexual assault of the first degree, or second degree if it is by use or threat of force or violence
  • False imprisonment
  • Kidnapping
  • Arson of buildings or damage of property by explosives
  • Burglary with a dangerous weapon, explosives, or burglary of any inhabited dwelling
  • Carjacking
  • Robbery with a dangerous weapon, or even with an object that leads someone to believe there is a dangerous weapon

Penalties
Offense Mandatory sentencing
Second Degree Intentional Homicide Minimum of 15, Maximum of 60 years
First Degree Intentional Homicide Minimum of 20 years to Life, Life imprisonment without parole

References
  1. "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
  2. State v. Picotte, 2003 Wisc. 42, ¶ 35 (2003). Summarized in "Supreme Court Digest: Homicide – Year-and-a-Day Rule Abrogated". Wisconsin Lawyer. Madison, Wisconsin: State Bar of Wisconsin. 76 (7). July 2003.
  3. Wisconsin Statutes Sec. 940


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