Section 940.24. Injury by negligent handling of dangerous weapon, explosives or fire.

 

(1)  Except as provided in sub. (3) , whoever causes bodily harm to another by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class I felony.

(2)  Whoever causes bodily harm to an unborn child by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class I 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 ; 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 other than a firearm, airgun, knife or bow and arrow. See s. 939.22 (10). The culpable mental state is criminal negligence. See s. 939.25 and the NOTE thereto. [Bill 191-S] Dogs must be intended to be weapons before their handling can result in a violation of this section. That a dog bites does not render the dog a dangerous weapon. Despite evidence of positive steps to restrain the dog, when those measures are inadequate criminal negligence may be found. Physical proximity is not necessary for a defendant's activity to constitute handling. State v. Bodoh, 226 Wis. 2d 718 , 595 N.W.2d 330 (1999), 97-0495 .