WI · jury_instructions
Wis JI-Criminal 1060
Second Degree Reckless Homicide
Statutory Definition of the Crime
Second degree reckless homicide, as defined in § 940.06 of the Criminal Code of
Wisconsin, is committed by one who recklessly causes the death of another human being.
State's Burden Of Proof
Before you may find the defendant guilty of second degree reckless homicide, the State
must prove by evidence which satisfies you beyond a reasonable doubt that the following two
elements were present.
Elements of the Crime That the State Must Prove
1. The defendant caused the death of (name of victim).
"Cause" means that the defendant's act was a substantial factor in producing the
death. 1
2. The defendant caused the death by criminally reckless conduct.
"Criminally reckless conduct" means: 2
• the conduct created a risk of death or great bodily harm to another
person; and
• the risk of death or great bodily harm was unreasonable and substantial;
and
• the defendant was aware that (his) (her) conduct created the unreasonable
and substantial risk of death or great bodily harm. 3
Jury's Decision
If you are satisfied beyond a reasonable doubt that the defendant caused the death of
(name of victim) by criminally reckless conduct, you should find the defendant guilty of
second degree reckless homicide.
If you are not so satisfied, you must find the defendant not guilty.
History
Wis JI-Criminal 1060 (2015). Release No. 53, 4/2015. © 2015, Regents, Univ. of Wis. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
ffd26069f80ae2882c2cfdda8307ad77383aebeb2a722ba0b40bc64d4f9bb3d2
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