2010 Wisconsin Code
Chapter 940. Crimes against life and bodily security.
940.24 Injury by negligent handling of dangerous weapon, explosives or fire.

940.24

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

940.24(1)

(1) 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.

940.24(2)

(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.

940.24 - ANNOT.

History: 1977 c. 173; 1987 a. 399; 1997 a. 295; 2001 a. 109.

940.24 - ANNOT.

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]

940.24 - ANNOT.

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.

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