Wis JI-Criminal 1175

Statutory Definition of the Crime

Homicide by negligent operation of a dangerous weapon, as defined in § 940.08 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 dangerous weapon.

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 operated or handled a dangerous weapon.

2. The defendant operated or handled a dangerous weapon in a manner constituting

criminal negligence.

3. The defendant's operation or handling of a dangerous weapon in a manner

constituting criminal negligence caused the death of (name of victim).

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

death. 1

Meaning of "Dangerous Weapon"

"Dangerous weapon" means 2

[any firearm, whether loaded or unloaded. A firearm is a weapon that acts by force of

gunpowder.]

[any device designed as a weapon and capable of producing death or great bodily harm.

"Great bodily harm" means serious bodily injury. 3]

[any device or instrumentality which, in the manner it is used or intended to be used, is

likely to produce death or great bodily harm. "Great bodily harm" means serious bodily

injury. 4] 5

[any electric weapon. An electric weapon is a device designed or used to immobilize or

incapacitate a person by the use of electric current.]

Meaning of "Criminal Negligence"

"Criminal negligence" means: 6

• the defendant's operation or handling of a dangerous weapon 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 or handling

of a dangerous weapon 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. 7

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.