(1)
In this section, “criminal negligence" 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, except that for purposes of
ss.
940.08 (2)
,
940.10 (2)
and
940.24 (2)
, “criminal negligence" 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 an unborn child, to the woman who is pregnant with that unborn child or to another.
(2)
If criminal negligence is an element of a crime in
chs.
939
to
951
or
s.
346.62
, the negligence is indicated by the term “negligent" or “negligently".
1987 a. 399
;
1989 a. 56
s.
259
;
1997 a. 180
,
295
.
Judicial Council Note, 1988:
This section is new. It provides a uniform definition of criminal negligence, patterned on prior ss. 940.08 (2), 940.24 (2) and 941.01 (2). Criminal negligence means the creation of a substantial and unreasonable risk of death or great bodily harm to another, of which the actor should be aware. [Bill 191-S]
The definition of criminal negligence as applied to homicide by negligent operation of a vehicle is not unconstitutionally vague. State v. Barman,
183 Wis. 2d 180
,
515 N.W.2d 493
(Ct. App. 1994).
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