Answer:
Intoxication. An intoxicated or a drugged condition
of the actor is a defense only if such condition:
(1) Is involuntarily produced and renders the actor incapable
of distinguishing between right and wrong in regard to the alleged
criminal act at the time the act is committed; or
(2) Negatives the existence of a state of mind essential to the
crime, except as provided in s. 939.24 (3).
Mistake. (1) An honest error, whether of fact or of
law other than criminal law, is a defense if it negatives the existence
of a state of mind essential to the crime.
(2) A mistake as to the age of a minor or as to the existence or
constitutionality of the section under which the actor is prosecuted
or the scope or meaning of the terms used in that section is not a
defense.
Adequate provocation. (1) In this section:
(a) "Adequate" means sufficient to cause complete lack of
self−control in an ordinarily constituted person.
(b) "Provocation" means something which the defendant reasonably
believes the intended victim has done which causes the
defendant to lack self−control completely at the time of causing
death.
(2) Adequate provocation is an affirmative defense only to
first−degree intentional homicide and mitigates that offense to
2nd−degree intentional homicide.
Privilege. The fact that the actor's conduct is privileged,
although otherwise criminal, is a defense to prosecution for
any crime based on that conduct. The defense of privilege can be
claimed under any of the following circumstances:
(1) When the actor's conduct occurs under circumstances of
coercion or necessity so as to be privileged under s. 939.46 or
939.47; or(2) When the actor's conduct is in defense of persons or property
under any of the circumstances described in s. 939.48 or
939.49; or
(3) When the actor's conduct is in good faith and is an apparently
authorized and reasonable fulfillment of any duties of a public
office; or
(4) When the actor's conduct is a reasonable accomplishment
of a lawful arrest; or
(5) (a) In this subsection:
1. "Child" has the meaning specified in s. 948.01 (1).
3. "Person responsible for the child's welfare" includes the
child's parent, stepparent or guardian; an employee of a public or
private residential home, institution or agency in which the child
resides or is confined or that provides services to the child; or any
other person legally responsible for the child's welfare in a residential
setting.
(b) When the actor's conduct is reasonable discipline of a child
by a person responsible for the child's welfare. Reasonable discipline
may involve only such force as a reasonable person believes
is necessary. It is never reasonable discipline to use force which
is intended to cause great bodily harm or death or creates an unreasonable
risk of great bodily harm or death.
(6) When for any other reason the actor's conduct is privileged by the statutory or common law of this state.
Coercion. (1) A threat by a person other than the
actor's coconspirator which causes the actor reasonably to believe
that his or her act is the only means of preventing imminent death
or great bodily harm to the actor or another and which causes him
or her so to act is a defense to a prosecution for any crime based
on that act, except that if the prosecution is for first−degree intentional
homicide, the degree of the crime is reduced to 2nd−degree
intentional homicide.
(1m) A victim of a violation of s. 940.302 (2) or 948.051 has
an affirmative defense for any offense committed as a direct result
of the violation of s. 940.302 (2) or 948.051 without regard to
whether anyone was prosecuted or convicted for the violation of
s. 940.302 (2) or 948.051.
(2) It is no defense to a prosecution of a married person that
the alleged crime was committed by command of the spouse nor
is there any presumption of coercion when a crime is committed
by a married person in the presence of the spouse.
939.47 Necessity. Pressure of natural physical forces which
causes the actor reasonably to believe that his or her act is the only
means of preventing imminent public disaster, or imminent death
or great bodily harm to the actor or another and which causes him
or her so to act, is a defense to a prosecution for any crime based
on that act, except that if the prosecution is for first−degree intentional
homicide, the degree of the crime is reduced to 2nd−degree
intentional homicide.
939.48 Self−defense and defense of others. (1) A person
is privileged to threaten or intentionally use force against
another for the purpose of preventing or terminating what the person
reasonably believes to be an unlawful interference with his or
her person by such other person. The actor may intentionally use
only such force or threat thereof as the actor reasonably believes
is necessary to prevent or terminate the interference. The actor
may not intentionally use force which is intended or likely to cause
death or great bodily harm unless the actor reasonably believes
that such force is necessary to prevent imminent death or great
bodily harm to himself or herself.
(2) Provocation affects the privilege of self−defense as follows:
(a) A person who engages in unlawful conduct of a type likely
to provoke others to attack him or her and thereby does provoke
an attack is not entitled to claim the privilege of self−defense
against such attack, except when the attack which ensues is of a
type causing the person engaging in the unlawful conduct to reasonably
believe that he or she is in imminent danger of death or
great bodily harm. In such a case, the person engaging in the
unlawful conduct is privileged to act in self−defense, but the person
is not privileged to resort to the use of force intended or likely
to cause death to the person's assailant unless the person reasonably
believes he or she has exhausted every other reasonable
means to escape from or otherwise avoid death or great bodily
harm at the hands of his or her assailant.
(b) The privilege lost by provocation may be regained if the
actor in good faith withdraws from the fight and gives adequate
notice thereof to his or her assailant. (c) A person who provokes an attack, whether by lawful or
unlawful conduct, with intent to use such an attack as an excuse
to cause death or great bodily harm to his or her assailant is not
entitled to claim the privilege of self−defense.
(3) The privilege of self−defense extends not only to the intentional
infliction of harm upon a real or apparent wrongdoer, but
also to the unintended infliction of harm upon a 3rd person, except
that if the unintended infliction of harm amounts to the crime of
first−degree or 2nd−degree reckless homicide, homicide by negligent
handling of dangerous weapon, explosives or fire, first−
degree or 2nd−degree reckless injury or injury by negligent handling
of dangerous weapon, explosives or fire, the actor is liable
for whichever one of those crimes is committed.
(4) A person is privileged to defend a 3rd person from real or
apparent unlawful interference by another under the same conditions
and by the same means as those under and by which the person
is privileged to defend himself or herself from real or apparent
unlawful interference, provided that the person reasonably
believes that the facts are such that the 3rd person would be privileged
to act in self−defense and that the person's intervention is
necessary for the protection of the 3rd person.
(5) A person is privileged to use force against another if the
person reasonably believes that to use such force is necessary to
prevent such person from committing suicide, but this privilege
does not extend to the intentional use of force intended or likely
to cause death.
(6) In this section "unlawful" means either tortious or
expressly prohibited by criminal law or both.
939.49 Defense of property and protection against
retail theft. (1) A person is privileged to threaten or intentionally
use force against another for the purpose of preventing or terminating
what the person reasonably believes to be an unlawful
interference with the person's property. Only such degree of force
or threat thereof may intentionally be used as the actor reasonably
believes is necessary to prevent or terminate the interference. It
is not reasonable to intentionally use force intended or likely to
cause death or great bodily harm for the sole purpose of defense
of one's property.
(2) A person is privileged to defend a 3rd person's property
from real or apparent unlawful interference by another under the
same conditions and by the same means as those under and by
which the person is privileged to defend his or her own property
from real or apparent unlawful interference, provided that the person
reasonably believes that the facts are such as would give the
3rd person the privilege to defend his or her own property, that his
or her intervention is necessary for the protection of the 3rd person's
property, and that the 3rd person whose property the person
is protecting is a member of his or her immediate family or household
or a person whose property the person has a legal duty to protect,
or is a merchant and the actor is the merchant's employee or
agent. An official or adult employee or agent of a library is privileged
to defend the property of the library in the manner specified
in this subsection.
(3) In this section "unlawful" means either tortious or
expressly prohibited by criminal law or both.