Section 940.08. Homicide by negligent handling of dangerous weapon, explosives or fire.

 

(1)  Except as provided in sub. (3) , whoever causes the death of another human being by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class G felony.

(2)  Whoever causes the death of an unborn child by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class G felony.

(3)   Subsection (1) does not apply to a health care provider acting within the scope of his or her practice or employment.

1977 c. 173 ; 1985 a. 293 ; 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 in addition to firearm, airgun, knife or bow and arrow. See s. 939.22 (10). [Bill 191-S] The common law "year-and-a-day rule" that no homicide is committed unless the victim dies within a year and a day after the injury is inflicted is abrogated, with prospective application only. State v. Picotte, 2003 WI 42 , 261 Wis. 2d 249 , 661 N.W.2d 381 , 01-3063 .