Section 940.10. Homicide by negligent operation of vehicle.

 

(1)  Whoever causes the death of another human being by the negligent operation or handling of a vehicle is guilty of a Class G felony.

(2)  Whoever causes the death of an unborn child by the negligent operation or handling of a vehicle is guilty of a Class G felony.

1987 a. 399 ; 1997 a. 295 ; 2001 a. 109 . Judicial Council Note, 1988 Homicide by negligent operation of vehicle is analogous to prior s. 940.08. The mental element is criminal negligence as defined in s. 939.25. [Bill 191-S] A motorist was properly convicted under this section for running a red light at 50 m.p.h., even though the speed limit was 55 m.p.h. State v. Cooper, 117 Wis. 2d 30 , 344 N.W.2d 194 (Ct. App. 1983). 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). A corporation may be subject to criminal liability under this section. State v. Knutson, Inc. 196 Wis. 2d 86 , 537 N.W.2d 420 (Ct. App. 1995), 93-1898 . See also State v. Steenberg Homes, Inc. 223 Wis. 2d 511 , 589 N.W.2d 668 (Ct. App. 1998), 98-0104 . It is not a requirement for finding criminal negligence that the actor be specifically warned that his or her conduct may result in harm. State v. Johannes, 229 Wis. 2d 215 , 598 N.W.2d 299 (Ct. App. 1999), 98-2239 . 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 .