GroundRules
← Search the law
Wisconsin · Through 2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 (published 9-4-26)

Wis. Stat. § 939.44: Adequate provocation.

Read at publisher ↗
Where this section sits in the code
  1. Chs. 939-951, Criminal Code
  2. Chapter 939 Crimes — General Provisions
  3. SUBCHAPTER III DEFENSES TO CRIMINAL LIABILITY

(1) In this section:

(a) “Adequate” means sufficient to cause complete lack of self-control in an ordinarily constituted person.

(b) “Provocation” means something which the defendant reasonably believes the intended victim has done which causes the defendant to lack self-control completely at the time of causing death.

(2) Adequate provocation is an affirmative defense only to first-degree intentional homicide and mitigates that offense to 2nd-degree intentional homicide.

Collected 2026-09-05T12:01:50Z. Source file · JSON

Browse this collection