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Madison WI Reckless Homicide Attorney Lawyer
940.02. First-degree reckless homicide
(1)
Whoever recklessly causes the death of another human being under
circumstances which show utter disregard for human life is guilty of
a Class B felony.
(1m)
Whoever recklessly causes the death of an unborn child under
circumstances that show utter disregard for the life of that unborn
child, the woman who is pregnant with that unborn child or another
is guilty of a Class B felony.
(2)
Whoever causes the death of another human being under any of the
following circumstances is guilty of a Class C felony:
(a)
By manufacture, distribution or delivery, in violation of s. 961.41,
of a controlled substance included in schedule I or II under ch.
961, of a controlled substance analog of a controlled substance
included in schedule I or II under ch. 961 or of ketamine or
flunitrazepam, if another human being uses the controlled substance
or controlled substance analog and dies as a result of that use.
This paragraph applies:
1.
Whether the human being dies as a result of using the controlled
substance or controlled substance analog by itself or with any
compound, mixture, diluent or other substance mixed or combined with
the controlled substance or controlled substance analog.
2.
Whether or not the controlled substance or controlled substance
analog is mixed or combined with any compound, mixture, diluent or
other substance after the violation of s. 961.41 occurs.
3.
To any distribution or delivery described in this paragraph,
regardless of whether the distribution or delivery is made directly
to the human being who dies. If possession of the controlled
substance included in schedule I or II under ch. 961, of the
controlled substance analog of the controlled substance included in
schedule I or II under ch. 961 or of the ketamine or flunitrazepam
is transferred more than once prior to the death as described in
this paragraph, each person who distributes or delivers the
controlled substance or controlled substance analog in violation of
s. 961.41 is guilty under this paragraph.
(b)
By administering or assisting in administering a controlled
substance included in schedule I or II under ch. 961, a controlled
substance analog of a controlled substance included in schedule I or
II of ch. 961 or ketamine or flunitrazepam, without lawful authority
to do so, to another human being and that human being dies as a
result of the use of the substance. This paragraph applies whether
the human being dies as a result of using the controlled substance
or controlled substance analog by itself or with any compound,
mixture, diluent or other substance mixed or combined with the
controlled substance or controlled substance analog.
940.06. Second-degree
reckless homicide
(1)
Whoever recklessly causes the death of another human being is guilty
of a Class D felony.
(2)
Whoever recklessly causes the death of an unborn child is guilty of
a Class D felony.
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