What are the elements of first-degree intentional homicide?

• A. Death with intent to kill that person without any mitigations
• B. Accidental death
• C. Death by negligence
• D. Death with intent to kill but with mitigating circumstances

Answer: (A)

The key idea being tested is what elements must be proven for first-degree intentional homicide in Wisconsin. For this crime, the state must show that the death was caused by an act that was intended to kill the other person, and there were no mitigating factors that would lower the charge to a lesser degree.

So this answer reflects that you must have a death resulting from an intentional act to kill, and there must be no mitigating circumstances that would reduce the offense. If the killer had any mitigating factors—factors that would lessen the seriousness or shift it to a different degree of homicide—the case would not meet the first-degree standard and could fall under a lesser offense instead.

This differs from the other ideas in the options: accidental death or death by negligence involve no intent to kill, so they aren’t first-degree intentional homicide. And even if there was an intent to kill, mitigating circumstances could prevent labeling it first-degree, moving the charge to a lesser degree.