Wisconsin Manslaughter Laws: Second-Degree and Reckless Homicide

Wisconsin has no offense named manslaughter. The code's closest offense is second-degree intentional homicide under Wis. Stat. 940.05, a Class B felony punishable by up to 60 years, which applies to an intentional killing when a mitigating circumstance such as adequate provocation or unnecessary defensive force is in play; the 1988 Judicial Council note to that section calls it "analogous to the prior offense of manslaughter." Reckless and negligent deaths are separate felonies, including second-degree reckless homicide (940.06), homicide by negligent operation of a vehicle (940.10) and homicide by intoxicated use of a vehicle (940.09). For other states, see our guide to manslaughter laws by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Wisconsin Statutes on homicide below first-degree intentional homicide: Wis. Stat. 940.02, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10 and 940.12, the death tiers for fleeing an officer (346.17(3)(d)), leaving the scene (346.74(5)(d), 30.80(2g)(d)) and driving without a valid license (343.44, 343.05), the mitigation rules in 940.01(2) and 939.44, the mental-state definitions in 939.24 and 939.25, and the felony classes in 939.50. It does not cover first-degree intentional homicide as a murder charge (see how long a life sentence lasts in Wisconsin), whether a killing was justified (see Wisconsin self-defense laws), civil suits by a family (see Wisconsin wrongful death claims), local ordinances, or federal offenses, which the manslaughter hub covers.

What is manslaughter in Wisconsin?

Wisconsin replaced the old manslaughter label with a ladder of named homicide offenses in chapter 940. A reader looking for "manslaughter" will find the conduct under these names:

• Second-degree intentional homicide (940.05): an intentional killing mitigated by a circumstance listed in 940.01(2). This is the offense the Judicial Council note ties to the prior offense of manslaughter, and the closest match to what other states call voluntary manslaughter.
• Second-degree reckless homicide (940.06): recklessly causing a death, the closest match to reckless involuntary manslaughter.
• Homicide by negligent operation of a vehicle (940.10) and homicide by negligent handling of a dangerous weapon, explosives or fire (940.08): deaths caused by criminal negligence.
• Homicide by intoxicated use of a vehicle (940.09): a death caused by impaired driving.
• Homicide resulting from negligent control of a vicious animal (940.07).

Above second-degree reckless homicide sits first-degree reckless homicide (940.02), a Class B felony that covers recklessly causing a death "under circumstances which show utter disregard for human life" and deaths caused by delivering certain controlled substances.

Is it a felony, and what is the sentence?

Yes. Each chapter 940 homicide offense described on this page is a felony, and Wis. Stat. 939.50(3) sets the maximum for each class. For how Wisconsin sentences each class generally, see Wisconsin felony and misdemeanor classes.

The class ranges in 939.50(3) are: Class B, "imprisonment not to exceed 60 years"; Class C, a fine up to $100,000 or up to 40 years, or both; Class D, a fine up to $100,000 or up to 25 years, or both; Class G, a fine up to $25,000 or up to 10 years, or both. All are maximums.

Second-degree intentional homicide: Wisconsin's voluntary manslaughter

Second-degree intentional homicide starts with an intentional killing. Under 940.05(1), whoever "causes the death of another human being with intent to kill that person or another" commits a Class B felony if, in a first-degree prosecution, the state fails to prove beyond a reasonable doubt that the 940.01(2) mitigating circumstances did not exist, or if the state concedes it cannot. "By charging under this section, the state so concedes." Subsection (3) adds that the mitigating circumstances "are not defenses to prosecution for this offense."

The mitigating circumstances are listed in Wis. Stat. 940.01(2) as affirmative defenses to first-degree intentional homicide "which mitigate the offense to 2nd-degree intentional homicide":

• (a) Adequate provocation: "Death was caused under the influence of adequate provocation as defined in s. 939.44."
• (b) Unnecessary defensive force: death was caused because the actor believed he or she or another was in imminent danger of death or great bodily harm and that the force used was necessary to defend the endangered person, "if either belief was unreasonable."
• (c) Prevention of felony: death was caused because the actor believed "that the force used was necessary in the exercise of the privilege to prevent or terminate the commission of a felony, if that belief was unreasonable."
• (d) Coercion; necessity: death was caused in the exercise of a privilege under 939.45(1).

Under 940.01(3), once one of these defenses "has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the defense did not exist" to convict of first-degree intentional homicide.

What counts as adequate provocation

Wis. Stat. 939.44 defines both words:

"(a) "Adequate" means sufficient to cause complete lack of self-control in an ordinarily constituted person. (b) "Provocation" means something which the defendant reasonably believes the intended victim has done which causes the defendant to lack self-control completely at the time of causing death."

Subsection (2) provides that adequate provocation "is an affirmative defense only to first-degree intentional homicide and mitigates that offense to 2nd-degree intentional homicide."

Section 939.44 contains only those definitions and that rule; it has no provision limiting provocation claims based on a victim's gender identity or sexual orientation. 2025 Assembly Bill 361 would have created such a limit in 939.44(3) and a matching self-defense limit in 939.48(5m). The bill failed to pass on March 23, 2026, pursuant to Senate Joint Resolution 1.

Unnecessary defensive force (imperfect self-defense)

In State v. Head, 2002 WI 99, 255 Wis. 2d 194, the Wisconsin Supreme Court held that a defendant seeking a jury instruction on unnecessary defensive force to a charge of first-degree intentional homicide "is not required to satisfy an objective threshold showing that she was acting under a reasonable belief that she was in imminent danger of death or great bodily harm or that the force she used was necessary to defend herself." Instead, "the defendant must show some evidence that she actually believed that she was in imminent danger of death or great bodily harm and actually believed that the force she used was necessary to defend herself."

Whether force was justified at all is a separate question, covered on Wisconsin self-defense laws.

Reckless and negligent homicide: Wisconsin's involuntary manslaughter

Wisconsin divides unintentional killings by mental state, and the code defines each one for chapters 939 to 951.

Criminal recklessness (Wis. Stat. 939.24(1)) "means that the actor creates an unreasonable and substantial risk of death or great bodily harm to another human being and the actor is aware of that risk." Under 939.24(2), with listed exceptions, recklessness as an element is indicated by the term "reckless" or "recklessly."

Criminal negligence (Wis. Stat. 939.25(1)) "means ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to another." Under 939.25(2), negligence as an element of a crime in chapters 939 to 951 or s. 346.62 is indicated by the term "negligent" or "negligently."

The difference is awareness. Recklessness requires that the actor be aware of the risk; criminal negligence turns on a risk the actor should realize.

Second-degree reckless homicide (940.06): "(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." The maximum is a fine of $100,000, 25 years, or both.

Homicide by negligent handling of a dangerous weapon, explosives or fire (940.08): whoever "causes the death of another human being by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class G felony." Subsection (3) states that this "does not apply to a health care provider acting within the scope of his or her practice or employment."

Homicide resulting from negligent control of a vicious animal (940.07): whoever, "knowing the vicious propensities of any animal intentionally allows it to go at large or keeps it without ordinary care," is guilty of a Class G felony if the animal, while at large or not confined, "kills any human being who has taken all the precautions which the circumstances may permit to avoid such animal."

The recklessness and negligence definitions also carry unborn-child versions for 940.02(1m), 940.06(2), 940.08(2) and 940.10(2), which extend the risk to "an unborn child, to the woman who is pregnant with that unborn child or to another."

Death of an unborn child. The homicide offenses on this page have unborn-child versions in the same class: second-degree intentional homicide (940.05(2g)), first-degree reckless homicide (940.02(1m)), second-degree reckless homicide (940.06(2)), homicide by intoxicated use of a vehicle (940.09(1)(c) to (e)) or of a firearm or airgun (940.09(1g)(c) to (d)), and homicide by negligent handling of a dangerous weapon, explosives or fire (940.08(2)) or by negligent operation of a vehicle (940.10(2)).

Vehicular homicide and DUI deaths in Wisconsin

Wisconsin has no offense called vehicular manslaughter. A death caused by driving is charged mainly under chapter 940, as homicide by intoxicated use of a vehicle or homicide by negligent operation of a vehicle. Other statutes add death tiers for fleeing an officer, leaving the scene and driving without a valid license, covered below.

Both chapter 940 vehicle offenses reach beyond cars. The criminal code defines "vehicle" as "any self-propelled device for moving persons or property or pulling implements from one place to another, whether such device is operated on land, rails, water, or in the air" (Wis. Stat. 939.22(44)), so 940.09 and 940.10 can apply to a death caused by operating a motorboat, snowmobile, train or aircraft.

Homicide by intoxicated use of a vehicle (940.09)

Under Wis. Stat. 940.09(1), a person commits this offense who causes the death of another by the operation or handling of a vehicle while:

• (a) "under the influence of an intoxicant";
• (am) having "a detectable amount of a restricted controlled substance in his or her blood";
• (b) having "a prohibited alcohol concentration, as defined in s. 340.01 (46m)"; or
• (bm) operating a commercial motor vehicle with "an alcohol concentration of 0.04 or more but less than 0.08."

The elements, as written, are the impaired condition and a death caused by the operation or handling of the vehicle; no recklessness or negligence element appears in subsection (1).

Penalty. Under 940.09(1c)(a), the offense is a Class D felony. Under (1c)(b), it is a Class C felony "if the person has one or more prior convictions, suspensions, or revocations, as counted under s. 343.307 (2)." For either class, the court "shall impose a bifurcated sentence under s. 973.01 and the term of confinement in prison portion of the bifurcated sentence shall be at least 5 years except that a court may impose a term of confinement that is less than 5 years if the court finds a compelling reason and places its reason on the record."

Statutory defense. Under 940.09(2)(a), the defendant has a defense "if he or she proves by a preponderance of the evidence that the death would have occurred even if he or she had been exercising due care" and had not been under the influence, had no detectable restricted controlled substance, or did not have the listed alcohol concentration.

Other consequences. A person who violates 940.09(1) is subject to the ignition interlock requirements of 343.301 (940.09(1d)). On a 940.09 conviction involving a vehicle, the operating-privilege revocation is handled under 343.30(1q), which directs the court to proceed under paragraphs (c) and (d) of that subsection. Section 940.09(1g) contains a parallel offense for a death caused by operating or handling a firearm or airgun while intoxicated.

For impaired-driving penalties where no one is killed, see Wisconsin DUI laws.

Homicide by negligent operation of a vehicle (940.10)

"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(1)), punishable by a fine up to $25,000, up to 10 years, or both. The 1988 Judicial Council note states: "The mental element is criminal negligence as defined in s. 939.25." Section 939.25 defines that as "ordinary negligence to a high degree."

Fleeing an officer resulting in death

Under Wis. Stat. 346.04(3), an operator who has received a visual or audible signal from a traffic officer, federal law enforcement officer, or marked or unmarked police vehicle may not knowingly flee or attempt to elude the officer. Under 346.17(3)(d), "if the violation results in the death of another, the person is guilty of a Class D felony" (a fine up to $100,000, up to 25 years, or both), and "the confinement portion of the bifurcated sentence imposed on the person shall be not less than 2 years and 6 months." 2023 Wisconsin Act 226 raised this tier from a Class E to a Class D felony for violations committed on or after its effective date, March 29, 2024.

Leaving the scene of a fatal crash

Failing to meet the duties after a crash under Wis. Stat. 346.67(1) is a Class D felony "if the accident involved death to a person" (346.74(5)(d)): a fine up to $100,000, up to 25 years, or both. A boat operator who violates the duties after a boating accident in 30.67(1) commits a Class H felony if the accident involved death to a person (30.80(2g)(d)). See Wisconsin hit-and-run laws.

Driving while suspended, revoked or without a valid license causing death

Causing the death of another in the course of driving while suspended (343.44(2)(ag)3.) or without a valid license (343.05(5)(b)5.) carries a forfeiture of $7,500 to $10,000, and while revoked (343.44(2)(ar)4.) a fine of $7,500 to $10,000, up to 1 year in county jail, or both. Each becomes a Class H felony (a fine up to $10,000, up to 6 years, or both) if the driver knew at the time of the suspension, the revocation or the lack of a valid license.

Drug-delivery deaths

Wisconsin files a drug-delivery death as first-degree reckless homicide, not under a manslaughter or murder label. Under 940.02(2)(a), whoever causes a death "by manufacture, distribution or delivery, in violation of s. 961.41, of a controlled substance included in schedule I or II," a controlled substance analog of one, or ketamine or flunitrazepam, "if another human being uses the controlled substance or controlled substance analog and dies as a result of that use," commits a Class B felony, punishable by up to 60 years. Section 940.02(2)(b) applies the same Class B felony to administering, or assisting in administering, such a substance "without lawful authority to do so" when the other person "dies as a result of the use of the substance."

Other offenses graded by a resulting death

• Assisting suicide, Wis. Stat. 940.12: whoever "with intent that another take his or her own life assists such person to commit suicide" commits a Class H felony (a fine up to $10,000, up to 6 years, or both, under 939.50(3)(h)).
• Hazing resulting in death, Wis. Stat. 948.51(3)(c): Class G felony.
• Abuse of an individual at risk under circumstances that cause death, Wis. Stat. 940.285(2)(b)1g.: Class C felony (Class D for negligent abuse).
• Abuse or neglect of a patient or resident under circumstances that cause death to an individual at risk, Wis. Stat. 940.295(3)(b)1g.: Class C felony (Class D for abuse with negligence or neglect).
• Child neglect where the child suffers death as a consequence, Wis. Stat. 948.21(3)(a): Class D felony.
• Tampering with snowmobile trail signs (350.135(1)) where the violation causes a death, Wis. Stat. 350.11(2m): Class H felony.

Recent changes to Wisconsin homicide law

• March 29, 2024: 2023 Wisconsin Act 226 (Senate Bill 514, published March 28, 2024) raised fleeing an officer resulting in death (346.17(3)(d)) from a Class E to a Class D felony, for violations committed on or after that date.
• 2023 Wisconsin Act 29 (Senate Bill 101, enacted August 4, 2023, published August 5, 2023 and effective August 6, 2023) raised the drug-death forms of first-degree reckless homicide in 940.02(2) from a Class C to a Class B felony. A death caused before the act took effect was graded under the Class C rule.
• March 23, 2026: 2025 Assembly Bill 361, the proposed bar on gender-identity and sexual-orientation provocation claims, failed to pass. It is not law.

Sections 940.05, 940.06 and 940.10 trace to 1987 Wisconsin Act 399; the Judicial Council notes to 940.05 and 940.10 are dated 1988.

Federal law

Federal law separately defines voluntary and involuntary manslaughter in 18 U.S.C. 1112 and, within the special maritime and territorial jurisdiction of the United States, sets maximum prison terms of 15 years for voluntary and 8 years for involuntary manslaughter; the manslaughter hub covers the federal layer.

Related Wisconsin pages

• Manslaughter laws by state
• Wisconsin felony and misdemeanor classes
• Wisconsin DUI laws
• Wisconsin hit-and-run laws
• Wisconsin self-defense laws
• Manslaughter laws in Michigan

This article provides general legal information about Wisconsin law as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Wisconsin.

Last updated: 2026-10-17.

Frequently Asked Questions

Does Wisconsin have manslaughter?

Not by that name. The closest Wisconsin offense is second-degree intentional homicide (Wis. Stat. 940.05), which the 1988 Judicial Council note calls analogous to the prior offense of manslaughter. Reckless and negligent deaths are covered by separate homicide offenses in chapter 940.

What is the sentence for second-degree intentional homicide in Wisconsin?

It is a Class B felony, punishable by imprisonment of up to 60 years (Wis. Stat. 940.05; 939.50(3)(b)). That is the statutory maximum.

What is the Wisconsin equivalent of involuntary manslaughter?

Wisconsin does not use the label. Recklessly causing a death is second-degree reckless homicide, a Class D felony (940.06), and causing a death by criminally negligent operation of a vehicle or handling of a dangerous weapon, explosives or fire is a Class G felony (940.10, 940.08).

What is the penalty for homicide by intoxicated use of a vehicle in Wisconsin?

It is a Class D felony (up to 25 years, a fine up to $100,000, or both), or a Class C felony (up to 40 years) with a prior conviction, suspension or revocation counted under 343.307(2). The confinement portion must be at least 5 years unless the court finds a compelling reason and places it on the record (Wis. Stat. 940.09(1c)).

Is vehicular homicide a felony in Wisconsin?

Yes. Homicide by negligent operation of a vehicle is a Class G felony (Wis. Stat. 940.10), and homicide by intoxicated use of a vehicle is a Class D or Class C felony (940.09).

What counts as adequate provocation in Wisconsin?

Under Wis. Stat. 939.44, provocation is something the defendant reasonably believes the intended victim has done that causes a complete lack of self-control at the time of causing death, and it is adequate if sufficient to cause that in an ordinarily constituted person. It mitigates only first-degree intentional homicide, to second-degree intentional homicide.