What constitutes Criminal Negligence per statute 939.25?

The definition of Criminal Negligence under Wisconsin statute 939.25 refers to behavior that demonstrates a high degree of ordinary negligence. This means that a person's actions fall significantly below the standard of care that a reasonable person would exercise in a similar situation, leading to a substantial and unjustifiable risk of harm to others. The key element here is the severity of the negligence, which distinguishes it from simple negligence and elevates it to a level that can justify a criminal charge.

In this context, the term "high degree of ordinary negligence" reflects a level of carelessness or failure to act that is not just minor, but rather serious enough that it poses a substantial threat to safety or wellbeing. This understanding aligns with the legal expectation that individuals must uphold a reasonable standard of care to avoid endangering others.

Other choices do not adequately capture the scope of Criminal Negligence as defined by the statute. For instance, high disregard for personal safety speaks to a person’s attitude towards their safety rather than the consequences of their actions on others. Conduct creating a minor risk and conduct creating no risk at all do not meet the threshold of negligence needed for criminal consideration, as they don’t reflect the significant disregard for the safety of others required to establish criminal negligence