Wisconsin § 941.30 - Recklessly endangering safety.

§ 941.30. Recklessly endangering safety.

941.30(1) (1) First-degree recklessly endangering safety. Whoever recklessly endangers another’s safety under circumstances which show utter disregard for human life is guilty of a Class F felony. 941.30(2) (2) Second-degree recklessly endangering safety. Whoever recklessly endangers another’s safety is guilty of a Class G felony. 941.30 History History: 1987 a. 399 ; 2001 a. 109 . 941.30 Note Judicial Council Note, 1988: Sub. (1) is analogous to the prior offense of endangering safety by conduct regardless of life. 941.30 Note Sub. (2) is new. It creates the offense of endangering safety by criminal recklessness. See s. 939.24 and the NOTE thereto. [Bill 191-S] 941.30 Annotation A bomb scare under s. 947.015 is not a lesser included crime of recklessly endangering safety. State v. Van Ark, 62 Wis. 2d 155 , 215 N.W.2d 41 (1974). 941.30 Annotation This section is a lesser included offense of s. 940.01, first-degree homicide. State v. Weeks, 165 Wis. 2d 200 , 477 N.W.2d 642 (Ct. App. 1991). 941.30 Annotation A conviction under sub. (1) was proper when the defendant desisted from an attack but showed no regard for the victim’s life or safety during the attack. State v. Holtz, 173 Wis. 2d 515 , 496 N.W.2d 668 (Ct. App. 1992). 941.30 Annotation First-degree recklessly endangering safety is not a lesser included offense of s. 940.19 (5) [now s. 940.60 (3) (b)], aggravated battery. State v. Dibble, 2002 WI App 219 , 257 Wis. 2d 274 , 650 N.W.2d 908 , 02-0538 . 941.30 Annotation Felony murder is committed when the death of another person is caused by a defendant during the commission of certain crimes, including burglary. The elements of burglary include the intent to either steal or to commit a felony. The evidence demonstrated that the defendant in this case forced his way into a building and started shooting with two guns, which was indicative of an intent to recklessly endanger the safety of those inside—a felony. Therefore, the defendant was convicted of a valid crime. State v. Mays, 2022 WI App 24 , 402 Wis. 2d 162 , 975 N.W.2d 649 , 21-0765 .