Wis JI-Criminal 1170

Statutory Definition of the Crime

Homicide by negligent operation of a vehicle, as defined in § 940.10 of the Criminal

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

negligent operation or handling of a vehicle.

State's Burden of Proof

Before you may find the defendant guilty of this offense, 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 operated1 a vehicle.2

2. The defendant operated a vehicle in a manner constituting criminal negligence.

3. The defendant's criminal negligence caused the death of (name of victim).

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

death.3

The Meaning of "Criminal Negligence"

“Criminal negligence” means:4

• the defendant's operation of a vehicle created a risk of death or great bodily

harm; and

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

• the defendant should have been aware that (his) (her) operation of a vehicle

created the unreasonable and substantial risk of death or great bodily harm.

IF REFERENCE TO ORDINARY NEGLIGENCE IS BELIEVED TO

BE HELPFUL OR NECESSARY SEE WIS JI-CRIMINAL 925.5

IF EVIDENCE OF VIOLATION OF A SAFETY STATUTE HAS BEEN

RECEIVED, ADD THE FOLLOWING:6

[Evidence has been received that the defendant violated section of the

Wisconsin Statutes, which provides that (summarize the statute). Violating this

statute does not necessarily constitute criminal negligence. You may consider this

along with all the other evidence in determining whether the defendant's conduct

constituted criminal negligence.]

Jury's Decision

If you are satisfied beyond a reasonable doubt that all three elements of this offense have

been proved, you should find the defendant guilty.

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