WI · jury_instructions
Wis JI-Criminal 1060A
Second Degree Reckless Homicide by Omission
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
Criminally reckless conduct may be based on either an affirmative act or on a failure to
act.
Evidence has been received that the defendant committed second degree reckless
homicide by failing to act. Criminal liability may be based on a failure to act when:
• the defendant has a legal duty to act. 4 In this case, it is alleged that the defendant
had a legal duty to (identify the legal duty). 5
• the defendant has knowledge of facts giving rise to the duty; 6
• the defendant has the physical ability to act as the duty requires; 7 and,
• the defendant failed to act as the legal duty requires.
For criminal liability based on failure to act, the state must satisfy you beyond a
reasonable doubt that all four of these requirements are present and that the defendant's
failure to act constituted criminal recklessness. 8
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 1060A (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
c899d0616077a4f3a1f691a913f9b982192a485e3500c5a46cec460b87f0bd39
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