The Merriam-Webster dictionary defines manslaughter as the unlawful killing of a human being without express or implied malice. The state of Wisconsin does not define manslaughter as a crime and often uses other statutes to charge a defendant. The most common charges analogous to manslaughter in Wisconsin are first-degree/second-degree intentional homicide or second-degree reckless homicide. Wisconsin statute 940.05 provisions voluntary manslaughter charges. Wisconsin statutes 940.06 – 940.10 establish provisions for various involuntary manslaughter charges. The difference between voluntary and involuntary manslaughter lies in the intent of the killing. If the killing was intentional, it was voluntary. If it was not, but rather came about from recklessness or the like, it is involuntary. 

In order to be convicted for a criminal offense of this sort the prosecution will have to establish a mens rea and an actus reus, also known as criminal intent and the criminal act. The defense to a manslaughter analogous crime in Wisconsin can hinge upon the defendant’s state of mind. Without a mens rea or an actus reus the defendant will be acquitted.