Wisconsin’s Depraved Mind Homicide Enhancements Explained

 Posted on November 21, 2025 in Criminal Defense

Most of us assume that "intent to kill" means a person explicitly planned or intentionally caused the death of another person. Wisconsin law allows prosecutors to upgrade certain reckless or impulsive acts into first-degree intentional homicide by claiming the defendant’s conduct showed a "depraved mind."

This means that the defendant exhibited an utter disregard for human life. Cases like this are controversial and relatively rare because this enhancement blurs the line between intentional killing and reckless homicide. You must have a knowledgeable Dodge County, WI criminal defense attorney who can challenge an enhancement like this and present a comprehensive defense to your charges.

What is "Depraved Mind" Conduct in Wisconsin?

A murder can be elevated from first or second-degree reckless homicide (Wisconsin Statute Section 940.02) to first-degree intentional homicide (Section 940.01) if the prosecution can show an "utter disregard for human life." The distinction is controversial, as the "depraved mind" enhancement elevates recklessness to intentional homicide, or intent inferred from extreme conduct to intent to kill.

The state may argue that the defendant’s conduct showed extreme danger to human life or that the defendant ignored obvious risks. The argument could be that the conduct was so reckless that it was "functionally equal" to an intent to kill and that no "reasonable" person would have acted like that. Some of the scenarios that could result in a prosecutor charging a depraved mind enhancement include:

• Throwing heavy objects from an overpass onto vehicles below
• Fleeing from police in a high-speed chase through busy intersections
• Beating someone excessively with a deadly weapon
• An extreme drunk-driving crash at excessive speeds
• Firing a weapon into a crowd with no specific target

What Does the Court Consider When Determining "Utter Disregard?"

Wisconsin courts have repeatedly warned prosecutors that "utter disregard" must be proven separately from recklessness. In many cases, prosecutors overuse the enhancement to gain leverage in plea negotiations, while defense attorneys challenge whether the facts truly support such an extreme upgrade.

What the defendant did before, during, and after the act will be considered when determining whether there was an utter disregard for human life. Did the defendant plan the act or threaten the victim? Were specific individuals targeted? Did the defendant render aid after the act, call 911, or show remorse? How many people were endangered, and what degree of force or weapon was used? Where was the location, and what was the likelihood of harm?

What Are the Key Differences Between Reckless Homicide and First-Degree Intentional Homicide?

Second-degree reckless homicide charges do not require intent. The conduct must be criminally reckless, and the penalty for a Class D felony is between five and 25 years in prison with a mandatory minimum of five years. When "depraved mind" is added, the charges can increase to first-degree reckless homicide, to first-degree intentional homicide. First-degree reckless homicide is a Class A felony that carries a mandatory sentence of life in prison. To reach this level of charges, the prosecutor will generally argue recklessness with implied intent.  

What Are the Common Defense Strategies in Depraved-Mind Cases?

An experienced criminal defense lawyer will challenge the leap from recklessness to intent, emphasizing evidence that shows the defendant did not want anyone to die. Lack of motive, or attempts to help the victim, are also defense strategies to prevent the depraved mind enhancement. Expert testimony may be used to show that the conduct was reckless, but there was no homicidal intent. The defense attorney may also argue that the enhancement is clear overcharging intended to pressure a plea.

Contact a Jefferson County, WI Homicide Lawyer

When Wisconsin prosecutors use the "depraved mind" theory to upgrade reckless behavior into intentional homicide, the stakes rise dramatically. You need a knowledgeable Dodge County, WI criminal defense attorney from Bucher Law Group, LLC to challenge every step of the prosecutor’s theory. Attorney Bucher spent two decades as the Waukesha County District Attorney and has litigated some of the most complex, high-profile criminal cases in Wisconsin.  To schedule your free consultation, call 262-446-9222.