WI 939.44  Adequate provocation.

WI 939.44  Adequate provocation.

State: Wisconsin

 

Wisconsin Statutes (W.S.)

CHAPTER 939.  CRIMES — GENERAL PROVISIONS

SUBCHAPTER III.  DEFENSES TO CRIMINAL LIABILITY

939.44  Adequate provocation.

(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.

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