Wisconsin
Wisconsin Statute of Limitations: Filing Deadlines by Case Type
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 10 primary sources cited on this page. How we verify our legal content
In Wisconsin, personal injury claims must be filed within 3 years under Wis. Stat. §893.54, and breach of contract claims carry a 6-year deadline under §893.43. Homicide charges face no time limit under §939.74.
Understanding filing deadlines is essential for anyone involved in a legal dispute in Wisconsin. The statute of limitations sets the maximum amount of time a person has to file a lawsuit or the state has to bring criminal charges. Missing these deadlines almost always means losing the right to pursue a claim or prosecution entirely.
Wisconsin law divides these time limits into two main categories: civil statutes of limitations (for lawsuits between private parties) and criminal statutes of limitations (for prosecution of crimes by the state). Each category contains different deadlines depending on the type of case.
This guide breaks down every major filing deadline in Wisconsin, explains important exceptions and tolling rules, and provides the specific statutory references so you can verify each time limit yourself.
Hurt in Wisconsin? If you are still within the deadline above, you can estimate what your injury claim may be worth with our free Wisconsin personal injury settlement calculator. It gives an instant range based on your medical costs and Wisconsin's fault rule (general information, not legal advice).
Wisconsin Civil Statute of Limitations
Wisconsin's civil statutes of limitations are found primarily in Chapter 893 of the Wisconsin Statutes. These deadlines control how long a person has to file a lawsuit in state court. Once the applicable deadline passes, the defendant can file a motion to dismiss, and the court will almost certainly grant it.
The clock typically starts on the date the injury or breach occurred, although Wisconsin does apply a "discovery rule" in certain situations (discussed below).
Personal Injury Claims
Wisconsin gives injured persons 3 years from the date of injury to file a personal injury lawsuit. This deadline applies broadly to claims involving car accidents, slip-and-fall injuries, and most other negligence-based personal injury claims.
The governing statute is §893.54, which covers actions for injury to the person.
Wrongful Death
A wrongful death lawsuit must generally be filed within 3 years under §893.54(1m)(b). If the death arose from a motor vehicle accident, the deadline is shorter: 2 years under §893.54(2m). The deadline runs from the date of death, not the date of the underlying injury that caused the death.
Medical Malpractice
Medical malpractice claims in Wisconsin follow a more complex rule often called the "3/1/5 rule." Under §893.55, a patient must file suit within the later of:
- 3 years from the date of the injury, or
- 1 year from the date the injury was discovered or reasonably should have been discovered
However, in no case may a claim be brought more than 5 years after the date of the act or omission that caused the injury. This outer limit applies even if the patient did not discover the injury within that timeframe.
Product Liability
Claims for injuries caused by defective products follow the general personal injury deadline of 3 years from the date of injury under §893.54.
Property Damage
Claims for injury to personal property must be filed within 6 years under §893.52. This applies to damage to vehicles, personal belongings, or other tangible items.
There is one important exception: if the property damage resulted from a motor vehicle accident, the filing deadline is reduced to 3 years under §893.52(2).
Intentional Torts (Libel, Slander, Assault, Battery)
Actions for libel, slander, assault, battery, invasion of privacy, false imprisonment, or other intentional torts to the person must be filed within 3 years under §893.57.
Contract Disputes
Wisconsin applies a 6-year statute of limitations to breach of contract claims. This deadline covers both written and oral contracts under §893.43. The 6-year period also applies to actions to recover fees for professional services.
Fraud
Fraud claims must be filed within 3 years of the date the fraud was discovered under §893.93(1m)(b). Someone who lost money to a deceptive sales pitch may also be able to sue under Wisconsin's consumer fraud statute, which starts its clock differently; our guide to Wisconsin scam and fraud laws compares the two and lists where to report a scam.
Trespass
Trespass claims carry a 6-year filing deadline under §893.52.
Judgments
An action on a judgment from a court of record must be brought within 20 years under §893.40. For judgments from a court not of record, the deadline is 6 years under §893.42.
Real Property and Adverse Possession
Wisconsin has three different adverse possession periods depending on the circumstances:
- 20 years for standard adverse possession claims (§893.25)
- 10 years if the possessor had good-faith "color of title" (§893.26)
- 7 years if the possessor held color of title and paid all real estate taxes (§893.27)
Claims Against the Government
Claims against Wisconsin governmental bodies follow special rules under §893.80. Before filing suit, a claimant must serve written notice of the circumstances of the claim within 120 days after the event causing the injury, and must present an itemized claim to the governmental body. Under §893.80(1g), no action on the claim may be brought more than 6 months after service of a notice of disallowance. A claim the governmental body does not disallow within 120 days after it is presented is treated as disallowed.
These notice and disallowance rules do not add time to the underlying statute of limitations. The lawsuit must still be filed within the limitation period that would otherwise apply to the claim, such as the 3-year period for personal injury, and the 6-month disallowance deadline can cut that period short.
Complete Civil Statute of Limitations Table
| Case Type | Time Limit | Statute |
|---|---|---|
| Personal Injury | 3 years | §893.54 |
| Wrongful Death | 3 years | §893.54(1m)(b) |
| Wrongful Death (Motor Vehicle) | 2 years | §893.54(2m) |
| Medical Malpractice | 3 years from injury or 1 year from discovery (max 5 years) | §893.55 |
| Product Liability | 3 years | §893.54 |
| Property Damage | 6 years (3 years if motor vehicle accident) | §893.52(1) / §893.52(2) |
| Libel / Slander | 3 years | §893.57 |
| Assault / Battery | 3 years | §893.57 |
| Invasion of Privacy | 3 years | §893.57 |
| False Imprisonment | 3 years | §893.57 |
| Breach of Contract (Written) | 6 years | §893.43 |
| Breach of Contract (Oral) | 6 years | §893.43 |
| Fraud | 3 years (from discovery) | §893.93(1m)(b) |
| Trespass | 6 years | §893.52 |
| Injury to Personal Property | 6 years | §893.52 |
| Judgments (Court of Record) | 20 years | §893.40 |
| Judgments (Court Not of Record) | 6 years | §893.42 |
| Claims Against Government | 120-day notice + 6 months after denial | §893.80 |
Wisconsin Criminal Statute of Limitations
Wisconsin's criminal statute of limitations determines how long prosecutors have to file charges after a crime has been committed. These time limits are found in §939.74 of the Wisconsin Statutes. These limitations exist to protect the integrity of evidence and witness testimony, which can become less reliable over time.
Crimes With No Time Limit
Wisconsin does not impose any filing deadline for the most serious offenses. Prosecutors may bring charges at any time for:
- First-degree intentional homicide (§940.01)
- First-degree reckless homicide (§940.02)
- Felony murder (§940.03)
- Second-degree intentional homicide (§940.05)
- First-degree sexual assault (§940.225(1))
- First-degree sexual assault of a child (§948.02(1))
- Repeated sexual assault of the same child (§948.025)
- Attempted first-degree intentional homicide, second-degree intentional homicide, first-degree sexual assault, and first-degree sexual assault of a child (attempts of the other offenses above are not included)
Felonies
For felonies not listed above, the general rule is that prosecution must begin within 6 years of the date the crime was committed.
There are notable exceptions for specific felony categories:
- Second-degree reckless homicide: 15 years, or extended up to 1 year with DNA identification of a probable perpetrator, whichever is later
- Second-degree sexual assault: 20 years, or extended up to 1 year with DNA identification
- Third-degree sexual assault: 10 years, or extended up to 1 year with DNA identification
- Criminal misappropriation (theft by someone who obtained the property lawfully and then misappropriated it): prosecution may be commenced within 1 year after the aggrieved party discovers the loss, but §939.74(2)(b) provides that this cannot extend the ordinary period in §939.74(1) by more than 5 years. Because that ordinary period runs from the date the offense was committed, the outer limit is 11 years from commission for a felony and 8 years for a misdemeanor
The DNA extension described below is limited to felonies under chapters 940 and 948, and it applies only when the state completes its DNA testing and comparison before the ordinary deadline expires.
Misdemeanors
Prosecution for a misdemeanor must begin within 3 years after the commission of the offense. Adultery carries a separate 3-year deadline as well.
Crimes Against Children
Wisconsin has specific and detailed time limits for crimes against children, reflecting the state's strong policy of protecting minor victims who may not come forward until years after the abuse occurred.
No time limit applies to:
- First-degree sexual assault of a child
- Repeated sexual assault of the same child
Before the victim turns 45 (or extended 1 year with DNA identification, whichever is later):
- Second-degree sexual assault of a child
- Three or more acts of first- or second-degree sexual assault against the same child
- Intentional physical abuse or repeated acts of physical abuse against the same child
- Sexual exploitation of a child
- Sex trafficking
- Incest with a child
- Sexual enticement of a child
- Computer-facilitated sex crimes against children
- Child prostitution offenses
- Sexual assault by school staff or persons who work or volunteer with children
Before the victim turns 26 (or extended 1 year with DNA identification, whichever is later):
- Reckless physical abuse of a child
- Mental abuse of a child
- Enticement that causes mental or bodily harm
- Providing illegal drugs to a child
DNA Evidence Extension
Wisconsin allows prosecutors additional time when forensic DNA evidence identifies a probable perpetrator, but only if the state does the work before the ordinary deadline runs out. Under §939.74(2d), the state must collect the biological material, identify a DNA profile from it, and compare that profile against the profiles of known persons before the applicable limitation period expires. If it does, prosecution may be commenced within 12 months after that comparison results in a probable identification, or within the ordinary limitation period, whichever is later.
This provision covers felonies under chapters 940 and 948. It does not revive a case in which the limitation period had already run before the DNA testing and comparison were completed.
Complete Criminal Statute of Limitations Table
| Offense Type | Time Limit | Statute |
|---|---|---|
| First-Degree Intentional Homicide | No limit | §939.74(1) / §940.01 |
| First-Degree Reckless Homicide | No limit | §939.74(1) / §940.02 |
| Felony Murder | No limit | §939.74(1) / §940.03 |
| Second-Degree Intentional Homicide | No limit | §939.74(1) / §940.05 |
| First-Degree Sexual Assault | No limit | §939.74(1) / §940.225(1) |
| First-Degree Sexual Assault of a Child | No limit | §939.74(1) / §948.02(1) |
| Repeated Sexual Assault of Same Child | No limit | §939.74(1) / §948.025 |
| Second-Degree Reckless Homicide | 15 years | §939.74(2)(am) |
| Second-Degree Sexual Assault | 20 years | §939.74(2)(ar) |
| Third-Degree Sexual Assault | 10 years | §939.74(2)(ar) |
| Criminal Misappropriation | 1 year after discovery of the loss, but no more than 5 years beyond the ordinary period (outer limit 11 years from commission for a felony, 8 years for a misdemeanor) | §939.74(2)(b) |
| Other Felonies | 6 years | §939.74(1) |
| Misdemeanors | 3 years | §939.74(1) |
| Child Sexual Offenses (Serious) | Before victim turns 45 | §939.74(2)(c) |
| Child Abuse (Reckless/Mental) | Before victim turns 26 | §939.74(2)(cm) |
Tolling and Exceptions in Wisconsin
Several situations can pause (toll) or extend the statute of limitations in Wisconsin. Understanding these exceptions is important because they can significantly affect filing deadlines.
Discovery Rule
Wisconsin courts apply the "discovery rule" when an injury is not immediately apparent. Under this doctrine, the statute of limitations does not begin to run until the plaintiff knew or should have known about the injury through the exercise of reasonable diligence.
This rule is most commonly applied in medical malpractice cases, toxic exposure claims, and fraud cases where the harm may not become apparent for months or years after the wrongful act.
Tolling for Minors and Persons With Disabilities
Under §893.16, if the person entitled to bring a civil action is under the age of 18 or mentally ill at the time the cause of action accrues, the statute of limitations is tolled. The action may be commenced within 2 years after the disability ceases. For mental illness, the tolling period cannot extend the deadline by more than 5 years beyond the standard limitation period.
Defendant Absence From the State
For criminal cases under §939.74(3), time during which the accused is not a public resident of Wisconsin does not count toward the statute of limitations. The clock pauses while the defendant is absent from the state and resumes when they return.
Similarly, if a prosecution for the same act is already pending, that time is excluded from the limitation period.
Effect of a Pending Prosecution
If a criminal prosecution is already pending for the same act, the time during which that prosecution is pending does not count toward the statute of limitations. This prevents defendants from benefiting from procedural delays.
What Happens If You Miss the Deadline
If you fail to file a civil lawsuit before the statute of limitations expires, the defendant can raise it as an affirmative defense and move to dismiss your case. Wisconsin courts consistently enforce these deadlines. Under §893.05, the expiration of the limitation period extinguishes the cause of action entirely, and it creates a right for the defendant to insist on that statutory bar. A dismissal on statute of limitations grounds is almost always permanent.
For criminal cases, if prosecutors attempt to bring charges after the statute of limitations has expired, the defendant can move to dismiss the charges. The court must grant the motion unless the state can prove that a tolling exception applies.
Filing an insurance claim or negotiating with an insurance adjuster does not pause or extend the statute of limitations. The clock continues to run during these activities.
Practical Tips for Filing in Wisconsin
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Document the date of injury or discovery carefully. The exact start date of the statute of limitations can determine whether your case survives a motion to dismiss.
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Consult a Wisconsin attorney early. An attorney can identify which statute of limitations applies to your specific situation and whether any tolling provisions might extend your deadline.
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Do not rely on settlement negotiations to preserve your rights. The statute of limitations runs during negotiations. If settlement talks stall, you may need to file suit to protect your claim.
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File government claims promptly. Claims against state or local government bodies require a 120-day written notice before you can file suit, so start the process early.
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Keep records of all communications. Documentation of when you discovered an injury or defect can be critical if the discovery rule is at issue.
More Wisconsin Laws
- Wisconsin Car Accident Laws
- Wisconsin Dog Bite Laws
- Wisconsin Expungement Laws
- Wisconsin Slip and Fall Laws
- Wisconsin Workers Compensation Laws
Frequently Asked Questions
What is the statute of limitations for personal injury in Wisconsin?
Wisconsin provides a 3-year statute of limitations for personal injury claims under §893.54. The clock starts on the date the injury occurred. For medical malpractice, the deadline is the later of 3 years from the injury or 1 year from discovery, with an absolute cap of 5 years under §893.55.
Is there a statute of limitations for murder in Wisconsin?
No. Wisconsin does not impose any time limit on prosecuting first-degree intentional homicide, first-degree reckless homicide, felony murder, or second-degree intentional homicide. Prosecutors may bring charges for these crimes at any time under §939.74.
How long do I have to file a breach of contract claim in Wisconsin?
The statute of limitations for breach of contract in Wisconsin is 6 years under §893.43. This applies to both written and oral contracts, as well as actions to recover fees for professional services.
Can the statute of limitations be paused or extended in Wisconsin?
Yes. Wisconsin law provides several tolling provisions. The statute of limitations may be paused if the plaintiff is a minor or mentally ill (§893.16), if the defendant leaves the state in criminal cases (§939.74(3)), or if the injury was not immediately discoverable (discovery rule). For certain felonies under chapters 940 and 948, if the state collects the biological material and completes the DNA comparison before the ordinary deadline expires, prosecutors then have 12 months after that comparison produces a probable identification (§939.74(2d)).
What is the statute of limitations for crimes against children in Wisconsin?
First-degree sexual assault of a child and repeated sexual assault of the same child carry no time limit. For many other serious sexual offenses against children, prosecution must begin before the victim turns 45. For reckless physical abuse, mental abuse, and related offenses, prosecution must begin before the victim turns 26. These deadlines are set out in §939.74(2)(c) and (2)(cm).
Updates
Corrected the Wisconsin government-claims section (the 120-day notice and 6-month disallowance rules do not extend the underlying filing deadline), the criminal misappropriation limitation period, and the DNA evidence extension, which applies only when the state completes its DNA comparison before the ordinary deadline expires.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the fraud deadline (3 years from discovery per §893.93(1m)(b), not 6 years); split the collapsed second/third-degree sexual assault deadline into its correct 20-year and 10-year figures; fixed the wrongful-death citation and added the motor-vehicle 2-year carve-out; corrected the motor-vehicle property-damage exception citation; narrowed the unlimited-time attempt-prosecution claim to the 4 offenses the statute actually covers; and fixed five mismatched subsection pincites in the criminal deadlines table and FAQ.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Wisconsin Statutes, Chapter 893: Limitations Of Commencement Of Actions And Proceedings; Procedure For Claims Against Governmental Units
§ 893.01Civil actions; objection as to time of commencing.In force
Civil actions may be commenced only within the periods prescribed in this chapter, except when, in special cases, a different limitation is provided by statute. An objection that the action was not commenced within the time limited may only be taken by answer or motion to dismiss under s. 802.06 (2) in proper cases. Judicial Council Committee’s Note, 1979: This section remains from previous ch. 893 and is revised only for purposes of textual clarity. [Bill 326-A]
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2011
Opinions citing this section in our collection:
- Emjay Investment Co. v. Village of Germantown (Wisconsin Supreme Court 2011, 333 Wis. 2d 252)“…specific statute, the latter controls." Id. Indeed, Wis. Stat. § 893.01 expressly recognizes that civil action…”
- Miller v. Commissioner (United States Tax Court 1981, 76 T.C. 191)“…may waive the bar of the Wisconsin 6-year statute. See Wis. Stat. Ann. sec. 893.01 (West 1971); Johnson v. Heintz ,…”
- Local No. P-1236, Amalgamated Meat Cutters & Butcher Workmen v. Jones Dairy Farm (District Court, W.D. Wisconsin 1981, 519 F. Supp. 1362)“…tations in an answer constitutes a waiver of that defense. Wis. Stat. § 893.01 ; Mead v. Ringiing,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 893.54Injury to the person.In forcecited in 7 of our articles
(1m) Except as provided in sub. (2m), the following actions shall be commenced within 3 years or be barred: (a) An action to recover damages for injuries to the person, including an action to recover damages for injuries to the person caused or sustained by or arising from an accident involving a motor vehicle. (b) An action brought to recover damages for death caused by the wrongful act, neglect or default of another. (2m) An action brought to recover damages for death caused by the wrongful act, neglect, or default of another and arising from an accident involving a motor vehicle shall be commenced within 2 years after the cause of action accrues or be barred. Judicial Council Committee’s Note, 1979: This section is derived from previous s. 893.205 but was amended to eliminate language now covered by newly created s. 893.07. (See note to s. 893.07). [Bill 326-A] Cross-reference: See also the notes to s. 893.53 for additional treatments of 42 USC 1983.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 104 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Sawyer v. Midelfort (Wisconsin Supreme Court 1999, 227 Wis. 2d 124)“…of emotional distress *155 against Lausted is barred by Wis. Stat. § 893.54 , [7] the three-year statute of limita…”
- John Doe 67C v. Archdiocese of Milwaukee (Wisconsin Supreme Court 2005, 284 Wis. 2d 307)“…aim would be barred by the present statute of limitations, Wis. Stat. § 893.54 (1) (2001-02), [5] which bars actions…”
- Tews v. NHI, LLC (Wisconsin Supreme Court 2010, 330 Wis. 2d 389)“…y the three-year statute of limitations *431 contained in Wis. Stat. § 893.54 . 2 It is undisputed that Tews' second…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Dog Bite Laws: Liability and Victim Rights, Wisconsin Car Accident Laws: Fault, Insurance, and Your Claim, Motorcycle Accident Laws in Wisconsin (2026): Deadlines
§ 893.43Action on contract.In forcecited in 2 of our articles
(1) Except as provided in sub. (2), an action upon any contract, obligation, or liability, express or implied, including an action to recover fees for professional services, except those mentioned in s. 893.40, shall be commenced within 6 years after the cause of action accrues or be barred. (2) An action upon a motor vehicle insurance policy described in s. 632.32 (1) shall be commenced within 3 years after the cause of action accrues or be barred. A cause of action involving underinsured motorist coverage, as defined in s. 632.32 (2) (d), or uninsured motorist coverage, as defined in s. 632.32 (2) (f), accrues on the date there is final resolution of the underlying cause of action by the injured party against the tortfeasor. Judicial Council Committee’s Note, 1979: This section is previous s. 893.19 (3) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 68 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Zastrow v. Journal Communications, Inc. (Wisconsin Supreme Court 2006, 291 Wis. 2d 426)“…is. Stat. § 893.57 , or the six-year limit found in either Wis. Stat. §§ 893.43 or 893.52. This question is answered b…”
- Van Lare v. Vogt, Inc. (Wisconsin Supreme Court 2004, 274 Wis. 2d 631)“…orney notified Vogt of the claimed contractual breach. See Wis. Stat. § 893.43 . [2] The letter stated in part: It…”
- Abraham v. General Casualty Co. (Wisconsin Supreme Court 1998, 217 Wis. 2d 294)“…r statute of limitations for actions sounding in contract, Wis. Stat. § 893.43 , 3 applies to Abraham's claim to rend…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Debt Collection Laws: Expired Debt Dies and Repossession Needs Permission
§ 893.55Medical malpractice; limitation of actions; limitation of damages; itemization of damages.In forcecited in 3 of our articles
(1d) (a) The objective of the treatment of this section is to ensure affordable and accessible health care for all of the citizens of Wisconsin while providing adequate compensation to the victims of medical malpractice. Achieving this objective requires a balancing of many interests. Based upon documentary evidence, testimony received at legislative hearings, and other relevant information, the legislature finds that a limitation on the amount of noneconomic damages recoverable by a claimant or plaintiff for acts or omissions of a health care provider, together with mandatory liability coverage for health care providers and mandatory participation in the injured patients and families compensation fund by health care providers, while compensating victims of medical malpractice in appropriate circumstances by the availability of unlimited economic damages, ensures that these objectives are achieved. Establishing a limitation on noneconomic damage awards accomplishes the objective by doing all of the following: 1.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 95 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Paul v. Skemp (Wisconsin Supreme Court 2001, 242 Wis. 2d 507)“…ions for medical *514 malpractice claims in Wis. Stat. § 893.55 (1995-96) 1 bars this act…”
- Aicher Ex Rel. LaBarge v. Wisconsin Patients Compensation Fund (Wisconsin Supreme Court 2000, 237 Wis. 2d 99)“…tion to dismiss and then sought summary judgment, invoking Wis. Stat. §§ 893.55 (1)(b) [2] and 893.56. [3] Section 89…”
- Phelps v. Physicians Insurance (Wisconsin Supreme Court 2009, 319 Wis. 2d 1)“…f a health care provider subject to Wis. Stat. ch. 655 and Wis. Stat. § 893.55 (4) (1997-98); 3 and *9 (2) whether G…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Medical Recording Laws: Patient Rights, HIPAA, and Consent (2026), Medical Malpractice Laws in Wisconsin (2026): Deadlines & Caps
§ 893.52Action for damages for injury to property.In forcecited in 2 of our articles
(1) Except as provided in sub. (2) and in any other case where a different period is expressly prescribed, an action, not arising on contract, to recover damages for an injury to real or personal property shall be commenced within 6 years after the cause of action accrues or be barred. (2) An action, not arising on contract, to recover damages for an injury to real or personal property that are caused or sustained by, or that arise from, an accident involving a motor vehicle shall be commenced within 3 years after the cause of action accrues or be barred. Judicial Council Committee’s Note, 1979: This section is based upon previous s. 893.19 (5) which is split into 2 separate provisions. See s. 893.53 for the other provision. [Bill 326-A]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 27 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Zastrow v. Journal Communications, Inc. (Wisconsin Supreme Court 2006, 291 Wis. 2d 426)“…easoned that the six-year statute of limitations in either Wis. Stat. §§ 893.52 or 893.53 applied. The circuit court d…”
- Munger v. Seehafer (Court of Appeals of Wisconsin 2016, 372 Wis. 2d 749)“…as the six-year statute governing injury to real property, Wis. Stat. § 893.52 . Alternatively, they argued that no st…”
- Gumz v. Northern States Power Co. (Wisconsin Supreme Court 2007, 305 Wis. 2d 263)“…suit within the six-year period of limitations imposed by Wis. Stat. § 893.52 . [2] The circuit court denied the mot…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 893.57Intentional torts.In forcecited in 4 of our articles
An action to recover damages for libel, slander, assault, battery, invasion of privacy, false imprisonment or other intentional tort to the person shall be commenced within 3 years after the cause of action accrues or be barred. Judicial Council Committee’s Note, 1979: This section is previous s. 893.21 (2) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 78 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Beloit Liquidating Trust v. Grade (Wisconsin Supreme Court 2004, 270 Wis. 2d 356)“…red under the two-year statute of limitations set forth in Wis. Stat. § 893.57 . ¶ 12. Judge Timothy G. Dugan,…”
- Zastrow v. Journal Communications, Inc. (Wisconsin Supreme Court 2006, 291 Wis. 2d 426)“…As a result, the two-year statute of limitations found in Wis. Stat. § 893.57 (2003-04), [2] which is applicable to…”
- Munger v. Seehafer (Court of Appeals of Wisconsin 2016, 372 Wis. 2d 749)“…y granted the Respondents' motion to dismiss. We hold that Wis. Stat. § 893.57 , which sets forth the limitations peri…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Assault vs Battery in Wisconsin: Battery Charges and Penalties, Defamation Laws by State: Libel and Slander (2026), Wisconsin Defamation Laws: Libel & Slander (2026)
§ 893.93Miscellaneous actions.In forcecited in 2 of our articles
(1) The following actions shall be commenced within 6 years after the cause of action accrues or be barred: (c) An action upon a claim, whether arising on contract or otherwise, against a decedent or against a decedent’s estate, unless probate of the estate in this state is commenced within 6 years after the decedent’s death. (cm) An action under s. 218.0125 (7) or 218.0126. (d) An action under s. 968.31. (e) An action under s. 895.444. (1m) The following actions shall be commenced within 3 years after the cause of action accrues or be barred: (a) An action upon a liability created by statute when a different limitation is not prescribed by law. (b) An action for relief on the ground of fraud. The cause of action in such case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud. (2) The following actions shall be commenced within 2 years after the cause of action accrues or be barred: (a) An action by a private party upon a statute penalty, or forfeiture when the action is given to the party prosecuting therefor and the state, except when the statute imposing it provides a different limitation.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 54 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- John Doe 1 v. Archdiocese of Milwaukee (Wisconsin Supreme Court 2007, 303 Wis. 2d 34)“…ppeals also concluded that the fraud claims were barred by Wis. Stat. § 893.93 (1)(b) (2005-06) [6] because the *833…”
- Stuart v. Weisflog's Showroom Gallery, Inc. (Wisconsin Supreme Court 2008, 308 Wis. 2d 103)“…rule and the six-year statute of limitations set forth in Wis. Stat. § 893.93 (1)(b). Second, we are satisfied that…”
- State v. Chrysler Outboard Corp. (Wisconsin Supreme Court 1998, 219 Wis. 2d 130)“…on accrues or be barred.... *144 Chrysler contends that Wis. Stat. § 893.93 (2)(a) (1995-96) applies to the State's…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)
§ 893.80Claims against governmental bodies or officers, agents or employees; notice of injury; limitation of damages and suits.In forcecited in 3 of our articles
(1b) In this section, “agent” includes a volunteer. In this subsection, “volunteer” means a person who satisfies all of the following: (a) The person provides services or performs duties for and with the express or implied consent of a volunteer fire company organized under ch. 181 or 213, political corporation, or governmental subdivision or agency thereof. A person satisfies the requirements under this paragraph even if the activities of the person with regard to the services and duties and the details and method by which the services are provided and the duties are performed are left to the discretion of the person. (b) The person is subject to the right of control of the volunteer company, political corporation, or governmental subdivision or agency described in par. (a). (c) The person is not paid a fee, salary, or other compensation by any person for the services or duties described in par. (a). In this paragraph, “compensation” does not include the reimbursement of expenses. (1d) Except as provided in subs. (1g), (1m), (1p) and (8), no action may be brought or maintained against any volunteer fire company organized under ch.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 244 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Village of Trempealeau v. Mikrut (Wisconsin Supreme Court 2004, 273 Wis. 2d 76)“…compliance with the governmental notice of claim statutes, Wis. Stat. §§ 893.80 (1) and 893.82(3), must be pleaded or d…”
- Ferdon Ex Rel. Petrucelli v. Wisconsin Patients Compensation Fund (Wisconsin Supreme Court 2005, 284 Wis. 2d 573)“…plaintiffs suing state employees at $250,000). See also Wis. Stat. § 893.80 (3) (caps damages for certain offenses…”
- Lodl v. Progressive Northern Insurance (Wisconsin Supreme Court 2002, 253 Wis. 2d 323)“…" exception to municipal and public officer immunity under Wis. Stat. § 893.80 (4) (1997-98). [1] ¶ 2. The plaintif…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Punitive Damages Laws: Cap, Proof and Exceptions (2026), Wisconsin Slip and Fall Laws: Proving Premises Liability
§ 893.40Action on judgment or decree; court of record.In force
Except as provided in ss. 846.04 (2) and (3) and 893.415, action upon a judgment or decree of a court of record of any state or of the United States shall be commenced within 20 years after the judgment or decree is entered or be barred. Judicial Council Committee’s Note, 1979: This section has been created to combine the provisions of repealed ss. 893.16 (1) and 893.18 (1). A substantive change from prior law results as the time period for an action upon a judgment of a court of record sitting without this state is increased from 10 years to 20 years and runs from the time of entry of a judgment. The separate statute of limitations for an action upon a sealed instrument is repealed as unnecessary. [Bill 326-A]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- State v. Hamilton (Wisconsin Supreme Court 2003, 261 Wis. 2d 458)“…riod in the statute begin to run? ¶ 4. We hold that Wis. Stat. § 893.40 , which became effective on July 1, 198…”
- State v. Prihoda (Wisconsin Supreme Court 2000, 239 Wis. 2d 244)“…to be modified; and (3) whether the doctrine of laches or Wis. Stat. § 893.40 (1997-98) 2 proscribes a…”
- Tensfeldt v. Haberman (Wisconsin Supreme Court 2009, 319 Wis. 2d 329)“…l in the 1974 divorce judgment were enforceable when made, Wis. Stat. § 893.40 , a 20-year statute of repose, preclude…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 893.42Action on a judgment of court not of record.In force
An action upon a judgment of a court not of record shall be commenced within 6 years of entry of judgment or be barred. Judicial Council Committee’s Note, 1979: This section is previous s. 893.19 (1) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 893.05Relation of statute of limitations to right and remedy.In forcecited in 3 of our articles
When the period within which an action may be commenced on a Wisconsin cause of action has expired, the right is extinguished as well as the remedy. Judicial Council Committee’s Note, 1979: This new section is a codification of Wisconsin case law. See Maryland Casualty Company v. Beleznay, 245 Wis. 390, 14 N.W.2d 177 (1944), in which it is stated at page 393: “In Wisconsin the running of the statute of limitations absolutely extinguishes the cause of action for in Wisconsin limitations are not treated as statutes of repose. The limitation of actions is a right as well as a remedy, extinguishing the right on one side and creating a right on the other, which is as of high dignity as regards judicial remedies as any other right and it is a right which enjoys constitutional protection”. [Bill 326-A]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Wenke Ex Rel. Laufenberg v. Gehl Co. (Wisconsin Supreme Court 2004, 274 Wis. 2d 220)“…ion and statutes of repose alluded to in *260 the Note to Wis. Stat. § 893.05 has nothing to do with how the two con…”
- Town of Burnside v. City of Independence (Court of Appeals of Wisconsin 2016, 372 Wis. 2d 802)“…347, 373 , 531 N.W.2d 386 (Ct. App. 1995); see also Wis. Stat. § 893.05 ("When the period within which an acti…”
- Midland Funding, LLC v. Johnson (Supreme Court of the United States 2017, 581 U.S. 224)“…limitations period extinguishes the remedy and the right); Wis. Stat. §893.05 (2011–2012) (same). Johnson argues t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Statute of Limitations on Debt: The 50-State Payment-Revival Table
§ 893.16Person under disability.In force
(1) If a person entitled to bring an action is, at the time the cause of action accrues, either under the age of 18 years, except for actions against health care providers; or mentally ill, the action may be commenced within 2 years after the disability ceases, except that where the disability is due to mental illness, the period of limitation prescribed in this chapter may not be extended for more than 5 years. (2) Subsection (1) does not shorten a period of limitation otherwise prescribed. (3) A disability does not exist, for the purposes of this section, unless it existed when the cause of action accrues. (4) When 2 or more disabilities coexist at the time the cause of action accrues, the 2-year period specified in sub. (1) does not begin until they all are removed. (5) This section applies only to statutes in this chapter limiting the time for commencement of an action or assertion of a defense or counterclaim except it does not apply to: (a) Actions for the recovery of a penalty or forfeiture or against a sheriff or other officer for escape; (b) Extend the time limited by s. 893.33, 893.41, 893.59, 893.62, 893.73 to 893.76, 893.77 (3), 893.86 or 893.91 or subch.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 37 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Aicher Ex Rel. LaBarge v. Wisconsin Patients Compensation Fund (Wisconsin Supreme Court 2000, 237 Wis. 2d 99)“…hever is later" (emphasis added). ¶ 72. Until late 1998, Wis. Stat. § 893.16 provided in part: Person under disab…”
- Doe v. Archdiocese of Milwaukee (Wisconsin Supreme Court 1997, 211 Wis. 2d 312)“…e personal injury actions until they reach majority. See Wis. Stat. § 893.16 . [22] Prior to 1971, the age of major…”
- John Doe 1 v. Archdiocese of Milwaukee (Wisconsin Supreme Court 2007, 303 Wis. 2d 34)“…y and Wis. Stat. § 893.33 was revamped and renumbered as Wis. Stat. § 893.16 . § 28, ch. 323, Laws of 1979. Therefor…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 893.25Adverse possession, not founded on written instrument.In forcecited in 2 of our articles
(1) An action for the recovery or the possession of real estate and a defense or counterclaim based on title to real estate are barred by uninterrupted adverse possession of 20 years, except as provided by s. 893.14 and 893.29. A person who, in connection with his or her predecessors in interest, is in uninterrupted adverse possession of real estate for 20 years, except as provided by s. 893.29, may commence an action to establish title under ch. 841. (2) Real estate is possessed adversely under this section: (a) Only if the person possessing it, in connection with his or her predecessors in interest, is in actual continued occupation under claim of title, exclusive of any other right; and (b) Only to the extent that it is actually occupied and: 1. Protected by a substantial enclosure; or 2. Usually cultivated or improved. Judicial Council Committee’s Note, 1979: This provision collects in one section all material relating to 20-year adverse possession, without change in substance. Previous ss. 893.08 and 893.09, together with part of previous s. 893.10, are integrated here.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Tomczak v. Bailey (Wisconsin Supreme Court 1998, 218 Wis. 2d 245)“…ites of successful adverse possession claims. See, e.g., Wis. Stat. § 893.25 (2)(a) (1995-96) (requiring actual con…”
- Richard S. Wilcox v. Estate of Ralph Hines (Wisconsin Supreme Court 2014, 355 Wis. 2d 1)“…to whether "claim of title" 5 has been established under Wis. Stat. § 893.25 (2011-12). 6 The titleholders assert…”
- STEUCK LIVING TRUST v. Easley (Court of Appeals of Wisconsin 2010, 325 Wis. 2d 455)“…h do not constitute a substantial enclosure as required by Wis. Stat. § 893.25 (2)(b)1. (2007-08). 2 Finally, we conc…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Squatters Rights and Adverse Possession Laws (2026)
§ 893.26Adverse possession, founded on recorded written instrument.In forcecited in 2 of our articles
(1) An action for the recovery or the possession of real estate and a defense or counterclaim based upon title to real estate are barred by uninterrupted adverse possession of 10 years, except as provided by s. 893.14 and 893.29. A person who in connection with his or her predecessors in interest is in uninterrupted adverse possession of real estate for 10 years, except as provided by s. 893.29, may commence an action to establish title under ch. 841. (2) Real estate is held adversely under this section or s.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 893.27Adverse possession; founded on recorded title claim and payment of taxes.In forcecited in 3 of our articles
(1) An action for the recovery or the possession of real estate and a defense or counterclaim based upon title to real estate are barred by uninterrupted adverse possession of 7 years, except as provided by s. 893.14 or 893.29. A person who in connection with his or her predecessors in interest is in uninterrupted adverse possession of real estate for 7 years, except as provided by s. 893.29, may commence an action to establish title under ch. 841. (2) Real estate is possessed adversely under this section as provided by s. 893.26 (2) to (5) and only if: (a) Any conveyance of the interest evidenced by the written instrument or judgment under which the original entry was made is recorded with the register of deeds of the county in which the real estate lies within 30 days after execution; and (b) The person possessing it or his or her predecessor in interest pays all real estate taxes, or other taxes levied, or payments required, in lieu of real estate taxes for the 7-year period after the original entry. Judicial Council Committee’s Note, 1979: This section is new.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Also relied on in: Squatters Rights by State: Adverse Possession Laws (2026)
Wisconsin Statutes, Chapter 939: Crimes
§ 939.74Time limitations on prosecutions.In forcecited in 6 of our articles
(1) Except as provided in subs. (2) and (2d) and s. 946.88 (1), prosecution for a felony must be commenced within 6 years and prosecution for a misdemeanor or for adultery within 3 years after the commission thereof. Within the meaning of this section, a prosecution has commenced when a warrant or summons is issued, an indictment is found, or an information is filed. (2) Notwithstanding that the time limitation under sub. (1) has expired: (a) 1. A prosecution under s. 940.01, 940.02, 940.03, 940.05, 940.225 (1), 948.02 (1), or 948.025 (1) (a), (b), (c), or (d) may be commenced at any time. 2. A prosecution for an attempt to commit a violation of s. 940.01, 940.05, 940.225 (1), or 948.02 (1) may be commenced at any time. (am) A prosecution under s. 940.06 may be commenced within 15 years after the commission of the violation. (ap) A prosecution under s. 940.11 (2) may be commenced within the applicable time under sub. (1) or within 6 years of the date the corpse was discovered or identified, whichever is later. (ar) A prosecution for a violation of s. 940.225 (2) may be commenced within 20 years after the commission of the violation. A prosecution for a violation of s.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 26 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- State v. Joel M. Hurley (Wisconsin Supreme Court 2015, 361 Wis. 2d 529)“…(1) (a), (b), (c), or (d) "may be commenced at any time." Wis. Stat. § 939.74 (2)(a)(l) (2011 — 12). A prosecution un…”
- State v. Sweat (Wisconsin Supreme Court 1997, 208 Wis. 2d 409)“…tions that applies in the underlying criminal proceedings, Wis. Stat. § 939.74 , [2] including its tolling provisions…”
- State v. McGuire (Wisconsin Supreme Court 2010, 328 Wis. 2d 289)“…are subject to the six-year statute of limitations under Wis. Stat. § 939.74 (1) (2007-08), 1 the statute of limita…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Data Privacy Laws: Breach Notification & Consumer Rights (2026), Wisconsin Biometric Privacy Laws: Collection, Consent & Penalties (2026), Wisconsin Data Breach Notification Laws: Reporting Rules & Timelines (2026)
Wisconsin Statutes, Chapter 940: Crimes Against Life And Bodily Security
§ 940.01First-degree intentional homicide.In forcecited in 4 of our articles
(1) Offenses. (a) Except as provided in sub. (2), whoever causes the death of another human being with intent to kill that person or another is guilty of a Class A felony. (b) Except as provided in sub. (2), whoever causes the death of an unborn child with intent to kill that unborn child, kill the woman who is pregnant with that unborn child or kill another is guilty of a Class A felony. (2) Mitigating circumstances. The following are affirmative defenses to prosecution under this section which mitigate the offense to 2nd-degree intentional homicide under s. 940.05: (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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 148 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Head (Wisconsin Supreme Court 2002, 255 Wis. 2d 194)“…harged with first-degree intentional homicide, pursuant to Wis. Stat. § 940.01 (1997-1998). [4] She admitted that sh…”
- State v. Lo (Wisconsin Supreme Court 2003, 264 Wis. 2d 1)“…rty. Id. ¶ 64. The statutes at issue in Head are Wis. Stat. §§ 940.01 (2)(b) and 940.05. Wisconsin Stat. § 94…”
- State v. Watkins (Wisconsin Supreme Court 2002, 255 Wis. 2d 265)“…irst-degree intentional homicide, while armed, pursuant to Wis. Stat. §§ 940.01 (1) and 939.63. *278…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Long Is a Life Sentence in Wisconsin? (2026 Guide), Murder Sentencing Guidelines: Min & Max Prison Time by State (2026), Wisconsin Manslaughter Laws: Second-Degree and Reckless Homicide
§ 940.02First-degree reckless homicide.In forcecited in 3 of our articles
(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 B 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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 61 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Head (Wisconsin Supreme Court 2002, 255 Wis. 2d 194)“…l purpose to take the life of another human *224 being." Wis. Stat. § 940.02 (1985-86). This two-element offense wa…”
- State v. Tomlinson (Wisconsin Supreme Court 2002, 254 Wis. 2d 502)“…s homicide while using a dangerous weapon, in violation of Wis. Stat. §§ 940.02 (1), 939.05, and 939.63 (1999-2000) [1]…”
- State v. Kleser (Wisconsin Supreme Court 2010, 328 Wis. 2d 42)“…o applies to juveniles who allegedly commit a violation of Wis. Stat. § 940.02 (first-degree reckless homicide) or a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 940.03Felony murder.In forcecited in 2 of our articles
Whoever causes the death of another human being while committing or attempting to commit a crime specified in s. 940.225 (1) or (2) (a), 940.30, 940.31, 940.60, 940.61, 940.62, 940.65, 943.02, 943.10 (2), 943.231 (1), 943.32 (2), or 947.016 (1), (2), or (3) or s. 940.19, 2023 stats., s. 940.195, 2023 stats., s. 940.20, 2023 stats., s. 940.201, 2023 stats., s. 940.203, 2023 stats., or s. 940.204, 2023 stats., may be imprisoned for not more than 15 years in excess of the maximum term of imprisonment provided by law for that crime or attempt. Judicial Council Note, 1988: The prior felony murder statute (s. 940.02 (2)) did not allow enhanced punishment for homicides caused in the commission of a Class B felony. State v. Gordon, 111 Wis. 2d 133, 330 N.W.2d 564 (1983). The revised statute eliminates the “natural and probable consequence” limitation and limits the offense to homicides caused in the commission of or attempt to commit armed robbery, armed burglary, arson, first-degree sexual assault or 2nd-degree sexual assault by use or threat of force or violence.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- State v. Maltese Lavele Williams (Wisconsin Supreme Court 2015, 364 Wis. 2d 126)“…at have people deceased, people 3 Contrary to Wis. Stat. §§ 940.03, 943.32(2), 939.32, and 939.05. 4…”
- State v. Krawczyk (Court of Appeals of Wisconsin 2002, 259 Wis. 2d 843)“…er to convict him of felony murder. According to Krawczyk, Wis. Stat. § 940.03 (1999-2000) 2 requires th…”
- State v. Mason (Court of Appeals of Wisconsin 2004, 276 Wis. 2d 434)“…the circuit court misconstrued the felony murder statute, Wis. Stat. § 940.03 (1999-2000), 1 and, there…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 940.05Second-degree intentional homicide.In forcecited in 4 of our articles
(1) Whoever causes the death of another human being with intent to kill that person or another is guilty of a Class B felony if: (a) In prosecutions under s. 940.01, the state fails to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist as required by s. 940.01 (3); or (b) The state concedes that it is unable to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist. By charging under this section, the state so concedes. (2) In prosecutions under sub. (1), it is sufficient to allege and prove that the defendant caused the death of another human being with intent to kill that person or another. (2g) Whoever causes the death of an unborn child with intent to kill that unborn child, kill the woman who is pregnant with that unborn child or kill another is guilty of a Class B felony if: (a) In prosecutions under s. 940.01, the state fails to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist as required by s.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- State v. Head (Wisconsin Supreme Court 2002, 255 Wis. 2d 194)“…public disaster or imminent death to himself or another. Wis. Stat. § 940.05 (1985-86). Manslaughter was a Class C…”
- State v. Watkins (Wisconsin Supreme Court 2002, 255 Wis. 2d 265)“…guilty of second-degree intentional homicide, pursuant to Wis. Stat. § 940.05 . The court stated: [T]he State…”
- State v. Felix (Wisconsin Supreme Court 2012, 339 Wis. 2d 670)“…ormation of second-degree intentional homicide contrary to Wis. Stat. § 940.05 (l)(b). 16 Felix was sentenced to 28 y…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Many Years for Second Degree Murder? Sentences by State (2026)
§ 940.225Sexual assault.In forcecited in 2 of our articles
(1) First degree sexual assault. Whoever does any of the following is guilty of a Class B felony: (a) Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person. (b) Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon. (c) Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence. (d) Commits a violation under sub. (2) against an individual who is 60 years of age or older. This paragraph applies irrespective of whether the defendant had actual knowledge of the victim’s age. A mistake regarding the victim’s age is not a defense to a prosecution under this paragraph. (e) Commits a violation under sub. (2) against an adult at risk, as defined in s. 55.01 (1e). This paragraph applies only if the defendant had actual knowledge that the victim is an adult at risk.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 160 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Ziegler (Wisconsin Supreme Court 2012, 342 Wis. 2d 256)“…sexual assault of Kari, then 16 years old, in violation of Wis. Stat. § 940.225 (2)(a); 7 (6) second-degree sexual ass…”
- State v. Hunt (Wisconsin Supreme Court 2003, 263 Wis. 2d 1)“…gree sexual assault resulting in the pregnancy of a child ( Wis. Stat. § 940.225 (1)(a)), one count of exposing a child…”
- State v. Hammer (Wisconsin Supreme Court 2000, 236 Wis. 2d 686)“…(2) (1995-96), [1] and fourth-degree sexual assault under Wis. Stat. § 940.225 (3m). The court ruled that the other ac…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Restraining Order Laws (2026): How to Get a Domestic Abuse Injunction
Wisconsin Statutes, Chapter 948: Crimes Against Children
§ 948.02Sexual assault of a child.In forcecited in 3 of our articles
(1) First degree sexual assault. (am) Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 years and causes great bodily harm to the person is guilty of a Class A felony. (b) Whoever has sexual intercourse with a person who has not attained the age of 12 years is guilty of a Class B felony. (c) Whoever has sexual intercourse with a person who has not attained the age of 16 years by use or threat of force or violence is guilty of a Class B felony. (d) Whoever has sexual contact with a person who has not attained the age of 16 years by use or threat of force or violence is guilty of a Class B felony if the actor is at least 18 years of age when the sexual contact occurs. (e) Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 years is guilty of a Class B felony. (2) Second degree sexual assault. Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class C felony. This subsection does not apply if s. 948.093 applies. (3) Failure to act.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 269 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Davidson (Wisconsin Supreme Court 2000, 236 Wis. 2d 537)“…th second-degree sexual assault of a child in violation of Wis. Stat. § 948.02 (2). At the time of the defendant's cri…”
- State v. Marinez (Court of Appeals of Wisconsin 2011, 331 Wis. 2d 568)“…t *579 with a child under the age of thirteen contrary to Wis. Stat. § 948.02 (1). 8 Given M.M.L.'s age — she was fi…”
- State v. Anthony R. Pico (Wisconsin Supreme Court 2018, 382 Wis. 2d 273)“…prisonment he faced upon conviction. See Wis. Stat. §§ 948.02(1)(e) and 939.50(3)(b).…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Age of Consent Laws by State: Statutes, Protections and Reporting, Wisconsin Age of Consent Laws: Statutes, Penalties and Reporting
§ 948.025Engaging in repeated acts of sexual assault of the same child.In force
(1) Whoever commits 3 or more violations under s. 948.02 (1) or (2) within a specified period of time involving the same child is guilty of: (a) A Class A felony if at least 3 of the violations were violations of s. 948.02 (1) (am). (b) A Class B felony if at least 3 of the violations were violations of s. 948.02 (1) (am), (b), or (c). (c) A Class B felony if at least 3 of the violations were violations of s. 948.02 (1) (am), (b), (c), or (d). (d) A Class B felony if at least 3 of the violations were violations of s. 948.02 (1). (e) A Class C felony if at least 3 of the violations were violations of s. 948.02 (1) or (2). (2) (a) If an action under sub. (1) (a) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02 (1) (am) occurred within the specified period of time but need not agree on which acts constitute the requisite number. (b) If an action under sub. (1) (b) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 64 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Joel M. Hurley (Wisconsin Supreme Court 2015, 361 Wis. 2d 529)“…in repeated acts of sexual assault of the same child under Wis. Stat § 948.025(1). 3 The amended complaint detailed h…”
- State v. Johnson (Wisconsin Supreme Court 2001, 243 Wis. 2d 365)“…gage in repeated acts of sexual assault of the same child, Wis. Stat. § 948.025 (1997-98). [1] The defendant challeng…”
- State v. Shaun M. Sanders (Wisconsin Supreme Court 2018, 381 Wis. 2d 522)“…(1) repeated sexual assault of a child contrary to Wis. Stat. § 948.025(1)(a)9 for conduct occurring between…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Sources and References
- Wisconsin Statutes Chapter 893: Limitations on Civil Actions(docs.legis.wisconsin.gov).gov
- Wisconsin Statutes §939.74: Time Limitations on Prosecutions(docs.legis.wisconsin.gov).gov
- Wisconsin Statutes §893.54: Injury to the Person(docs.legis.wisconsin.gov).gov
- Wisconsin Statutes §893.55: Medical Malpractice Limitation(docs.legis.wisconsin.gov).gov
- Wisconsin Statutes §893.43: Action on Contract(docs.legis.wisconsin.gov).gov
- Wisconsin Statutes §893.52: Injury to Property(docs.legis.wisconsin.gov).gov
- Wisconsin Statutes §893.57: Intentional Torts(docs.legis.wisconsin.gov).gov
- Wisconsin Statutes §893.80: Claims Against Governmental Bodies(docs.legis.wisconsin.gov).gov
- Wisconsin Statutes §893.40: Action on Judgment(docs.legis.wisconsin.gov).gov
- Wisconsin Statutes §893.93: Fraud and Other Actions(docs.legis.wisconsin.gov).gov