Child Neglect

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Michael Moore

Case No.: 2021AP001907-CR

Officials: Donald, P.J., Dugan and White, JJ.

Focus: Child Neglect

Michael Moore appeals from a judgment of conviction for neglecting a child resulting in death, contrary to WIS. STAT. § 948.21(2) (2021-22).1 On appeal, he argues that he was not a person responsible for the child’s welfare within the meaning of WIS. STAT. § 948.01(3) because he was not legally responsible for the child, he was not home at the time of the accident, and the child was instead at home with his mother at the time of the accident.

The appeals court concludes that Moore was indeed a person responsible for the child’s welfare because of the parental role he played in the child’s life, and further concludes that it is immaterial that Moore was not home at the time of the accident because Moore created the dangerous condition—leaving a loaded gun within the reach of a child—that led to the child’s death.

Affirmed.

Decided 03/14/23

Full Text