Wis JI-Criminal 1020

Statutory Definition of the Crime

First degree reckless homicide, as defined in § 940.02(1) of the Criminal Code of

Wisconsin, is committed by one who recklessly causes the death of another human being

under circumstances that show utter disregard for human life.

State's Burden Of Proof

Before you may find the defendant guilty of first degree reckless homicide, the State

must prove by evidence which satisfies you beyond a reasonable doubt that the following

three elements were present.

Elements of the Crime That the State Must Prove

1. The defendant caused the death of (name of victim).

"Cause" means that the defendant's act was a substantial factor in producing the

death. 1

2. The defendant caused the death by criminally reckless conduct.

"Criminally reckless conduct" means: 2

• the conduct created a risk of death or great bodily harm to another

person; and

• the risk of death or great bodily harm was unreasonable and substantial;

and

• the defendant was aware that (his) (her) conduct created the unreasonable

and substantial risk of death or great bodily harm. 3

3. The circumstances of the defendant's conduct showed utter disregard 4 for human

life.

In determining whether the circumstances of the conduct showed utter disregard

for human life, consider these factors: what the defendant was doing; why the

defendant was engaged in that conduct; how dangerous the conduct was; how

obvious the danger was; whether the conduct showed any regard for life; 5 and, all

other facts and circumstances relating to the conduct.

ADD THE FOLLOWING IF EVIDENCE OF THE DEFENDANT'S AFTER-THE-

FACT CONDUCT HAS BEEN ADMITTED. 6

[Consider also the defendant's conduct after the death to the extent that it helps you

decide whether or not the circumstances showed utter disregard for human life at the time the

death occurred.]

Jury's Decision

If you are satisfied beyond a reasonable doubt that the defendant caused the death of

(name of victim) by criminally reckless conduct and that the circumstances of the conduct

showed utter disregard for human life, you should find the defendant guilty of first degree

reckless homicide.

If you are not so satisfied, you must find the defendant not guilty.