Conviction of included crime permitted
Wis. Stat. § 939.66
in effectUpon prosecution for a crime, the actor may be convicted of either the crime charged or an included crime, but not both. An included crime may be any of the following:
(1) A crime which does not require proof of any fact in addition to those which must be proved for the crime charged.
(2) A crime which is a less serious type of criminal homicide under subch. I of ch. 940 than the one charged.
(2m) A crime which is a less serious or equally serious type of battery than the one charged.
(2p) A crime which is a less serious or equally serious type of violation under s. 948.02 than the one charged.
(2r) A crime which is a less serious type of violation under s. 943.23 than the one charged.
(3) A crime which is the same as the crime charged except that it requires recklessness or negligence while the crime charged requires a criminal intent.
(4) An attempt in violation of s. 939.32 to commit the crime charged.
(4m) A crime of failure to timely pay child support under s. 948.22 (3) when the crime charged is failure to pay child support for more than 120 days under s. 948.22 (2).
(5) The crime of attempted battery when the crime charged is sexual assault, sexual assault of a child, robbery, mayhem or aggravated battery or an attempt to commit any of them.
(6) A crime specified in s. 940.285 (2) (b) 4. or 5. when the crime charged is specified in s. 940.225 (1), (2) or (3), 940.30, or 940.60 (2) or (3) or s. 940.19 (2), 2023 stats., s. 940.19 (4), 2023 stats., s. 940.19 (5), 2023 stats., or s. 940.19 (6), 2023 stats.
(6c) A crime that is a less serious type of violation under s. 940.285 than the one charged.
(6e) A crime that is a less serious type of violation under s. 940.295 than the one charged.
(7) The crime specified in s. 940.11 (2) when the crime charged is specified in s. 940.11 (1).
Source: WI Statutes (Official Site)URL: https://docs.legis.wisconsin.gov/document/statutes/939.66Fetched: 10/7/2026