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Wis. Stat. § 939.44

Adequate provocation

Applied in 3 court decisions — leading case 344 Wis. 2d 336 - State v. Schmidt (2012)

Most recently applied in Schmidt v. Foster (December 2018)

1987 a. 399.

(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.

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