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If a Wisconsin incident leads to a first-degree endangering safety conviction, the penalty could be up to $25,000, imprisonment of 12.5 years or both. First degree Recklessly Endangering Safety is a Class F felony, second degree Recklessly Endangering Safety is a Class G felony.
Criminal Defense Attorney for § 941.30 Recklessly Endangering Safety
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You Are Only Guilty If You Are Convicted
The following legal code may be outdated. Grieve Law makes no claims regarding the accuracy of the below. If you are faced with criminal charges you should consult an experienced criminal defense lawyer immediately.
941.30 Recklessly Endangering Safety
(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.
(2) Second-degree recklessly endangering safety. Whoever recklessly endangers another's safety is guilty of a Class G felony.
History: 1987 a. 399; 2001 a. 109.
Judicial Council Note, 1988: Sub. (1) is analogous to the prior offense of endangering safety by conduct regardless of life.
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]
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).
Section 941.30 is a lesser included offense of s. 940.01, 1st-degree homicide. State v. Weeks, 165 Wis. 2d 200, 477 N.W.2d 642 (Ct. App. 1991).
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).
In Wisconsin, how long does an endangering safety charge stay on your record?
In Wisconsin, the felony-level endangering safety conviction could lead to a 12.5 year prison terms $25,000 fine and a permanent listing on your state record.
