WI · jury_instructions
Wis JI-Civil 2005.2
Battery: Liability of an aider and abettor
Question asks whether (defendant) participated in a battery to _____.
A person may participate in a battery even though he or she does not physically attack
the victim. A person participates in a battery if the person:
1. knowingly renders assistance to the person(s) committing the battery, or
2. indicates a readiness or willingness to join in the battery and the person(s)
committing the battery knows of his or her willingness, or
3. is present at the scene of the battery and intentionally incites another person to
unlawfully attack another person. The word “incite” means to move another
person to action, to spur him or her on, or persuade him or her to commit the
battery.
A person who is present at the time and place of a battery but does not make an act,
word, or gesture to aid or encourage the physical attack is not deemed to have participated
in the battery even though the person did nothing to prevent or stop the attack.
History
Wis JI-Civil 2005.2 (11/2025). Release No. 59. Wisconsin Court System, 11/2025. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
d199c9f1ca688bf6c203e5c7d8c7c88a9130cd57bb30f882c36b75887f28cfe5
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