State v. Jensen

¶1. This is a challenge to a conviction for first-degree reckless injury in a "shaken baby" case. The defendant, Stephen L. Jensen, does not deny that he vigorously shook his ten-week-old son, causing him to sustain severe and permanent disabilities. Rather, he argues that he is only guilty of second-degree reckless injury because the State did not prove the "utter disregard for human life" element of first degree reckless injury. Wis. Stat. § 940.23(1) (1993-94).

¶ 2. Jensen argues that in order to prove "utter disregard," the State must demonstrate his subjective awareness that shaking his…