Felony murder rule (Wisconsin)

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For the felony murder rule in all U.S. jurisdictions, see felony murder rule.

In Wisconsin, the felony murder rule is found in Wis. Stat. Sec. 940.03 and was last revised in 2005. Generally, the statute applies to dangerous felonies, felonies that have a propensity to cause great bodily harm, or those that involve a dangerous weapon or even a facade of a weapon. Sentences adding felony murder are enhanced by a maximum of 15 years, plus whatever the maximum of the underlying felony awards.[1]

Crimes in the felony murder statute in Wisconsin are:

  • battery, including that to an unborn child
  • Sexual assault of the first degree, or second degree if it is by use or threat of force or violence
  • False imprisonment
  • Kidnapping
  • Arson of buildings or damage of property by explosives
  • Burglary with a dangerous weapon, explosives, or burglary of any inhabited dwelling
  • Carjacking
  • Robbery with a dangerous weapon, or even with an object that leads someone to believe there is a dangerous weapon

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