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Wis. Stat. § 939.14

Criminal conduct or contributory negligence of victim no defense

Applied in 1 court decision — leading case 361 Wis. 2d 766 - State v. Adams (2015)

Most recently applied in 361 Wis. 2d 766 - State v. Adams (March 2015)

It is no defense to a prosecution for a crime that the victim also was guilty of a crime or was contributorily negligent. A jury instruction that a defrauded party had no duty to investigate fraudulent representations was correct. Lambert v. State, 73 Wis. 2d 590, 243 N.W.2d 524 (1976). This section does not prevent considering the victim’s negligence in relation to causation. This section only means that a defendant is not immune from prosecution merely because the victim has been negligent. State v. Lohmeier, 205 Wis. 2d 183, 556 N.W.2d 90 (1996), 94-2187.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.