Second-degree reckless homicide — treatment through prayer

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Wisconsin Supreme Court

Criminal

Second-degree reckless homicide — treatment through prayer

Although treatment through prayer is expressly protected by sec. 948.03(6), when treatment through prayer fails and a child dies, the parents can be convicted of second-degree reckless homicide.

“We conclude that the second-degree reckless homicide statute and the criminal child abuse statute are sufficiently distinct that a parent has fair notice of conduct that is protected and conduct that is unprotected.  The statutes are definite enough to provide a standard of conduct for those whose activities are proscribed and those whose conduct is protected. A reader of the treatment-through-prayer provision cannot reasonably conclude that he or she can, with impunity, use prayer treatment as protection against all criminal charges.  The four statutes are not unconstitutional on due process fair notice grounds.”

“In sum, when a parent fails to provide medical care to his or her child, creates an unreasonable and substantial risk of death or great bodily harm, is aware of that risk, and causes the death of the child, the parent is guilty of second-degree reckless homicide.”

Affirmed.

2011AP1044-CR & 2011AP1105-CR State v. Neumann

Abrahamson, C.J.

Attorneys: For Appellant: Miller, Steven L., River Falls; For Respondent: Heimerman, Kenneth J., Wausau; Whelan, Maura F.J., Madison