Wis JI-Criminal 1220

Statutory Definition of the Crime

Battery, as defined in § 940.60(1) of the Criminal Code of Wisconsin, is committed by

one who causes bodily harm to another by an act done with the intent to cause bodily harm

to that person or another without the consent of the person so harmed.

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 four elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant caused bodily harm to (name of victim).

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

the bodily harm.1

“Bodily harm” means physical pain or injury, illness, or any impairment of

physical condition.2

2. The defendant intended to cause bodily harm to [(name of victim)] [another

person].3

“Intent to cause bodily harm” means that the defendant had the mental purpose

to cause bodily harm to another human being or was aware that (his) (her) conduct

was practically certain to cause bodily harm to another human being.4

3. The defendant caused bodily harm without the consent5 of (name of victim).

4. The defendant knew that (name of victim) did not consent.

Deciding About Intent and Knowledge

You cannot look into a person’s mind to find intent and knowledge. Intent and

knowledge must be found, if found at all, from the defendant’s acts, words, and statements,

if any, and from all the facts and circumstances in this case bearing upon intent and

knowledge.6

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all four elements of battery have

been proved, you should find the defendant guilty.

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