940.24 Injury by negligent handling of dangerous weapon, explosives or fire.
(1) Except as provided in sub. (3), whoever causes bodily harm to another by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class I felony.
(2) Whoever causes bodily harm to an unborn child by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class I felony.
(3) Subsection (1) does not apply to a health care provider acting within the scope of his or her practice or employment.
History: 1977 c. 173; 1987 a. 399; 1997 a. 295; 2001 a. 109; 2011 a. 2.
Judicial Council Note, 1988: The definition of the offense is broadened to include highly negligent handling of fire, explosives and dangerous weapons other than a firearm, airgun, knife or bow and arrow. See s. 939.22 (10). The culpable mental state is criminal negligence. See s. 939.25 and the NOTE thereto. [Bill 191-S]
Dogs must be intended to be weapons before their handling can result in a violation of this section. That a dog bites does not render the dog a dangerous weapon. Despite evidence of positive steps to restrain the dog, when those measures are inadequate criminal negligence may be found. Physical proximity is not necessary for a defendant's activity to constitute handling. State v. Bodoh, 226 Wis. 2d 718, 595 N.W.2d 330 (1999), 97-0495.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 940 - Crimes against life and bodily security.
940.01 - First-degree intentional homicide.
940.02 - First-degree reckless homicide.
940.05 - Second-degree intentional homicide.
940.06 - Second-degree reckless homicide.
940.07 - Homicide resulting from negligent control of vicious animal.
940.08 - Homicide by negligent handling of dangerous weapon, explosives or fire.
940.09 - Homicide by intoxicated use of vehicle or firearm.
940.10 - Homicide by negligent operation of vehicle.
940.11 - Mutilating or hiding a corpse.
940.16 - Partial-birth abortion.
940.19 - Battery; substantial battery; aggravated battery.
940.198 - Physical abuse of an elder person.
940.20 - Battery: special circumstances.
940.201 - Battery or threat to witnesses.
940.203 - Battery or threat to an officer of the court or law enforcement officer.
940.204 - Battery or threat to health care providers and staff.
940.205 - Battery or threat to department of revenue employee.
940.208 - Battery to certain employees of counties, cities, villages, or towns.
940.22 - Sexual exploitation by therapist; duty to report.
940.235 - Strangulation and suffocation.
940.24 - Injury by negligent handling of dangerous weapon, explosives or fire.
940.25 - Injury by intoxicated use of a vehicle.
940.285 - Abuse of individuals at risk.
940.29 - Abuse of residents of penal facilities.
940.291 - Law enforcement officer; failure to render aid.
940.295 - Abuse and neglect of patients and residents.
940.315 - Global positioning devices.
940.34 - Duty to aid victim or report crime.
940.42 - Intimidation of witnesses; misdemeanor.
940.43 - Intimidation of witnesses; felony.
940.44 - Intimidation of victims; misdemeanor.
940.45 - Intimidation of victims; felony.
940.46 - Attempt prosecuted as completed act.