Wisconsin Statutes 939.44 – Adequate provocation
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 939.44
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(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.