Wis JI-Criminal 1222

Statutory Definition of the Crime

Substantial battery, as defined in § 940.60(2) of the Criminal Code of Wisconsin, is

committed by one who causes substantial bodily harm to another by an act done with the

intent to cause bodily harm to that person or another.

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 two elements

were present.

Elements of the Crime That the State Must Prove

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

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

the substantial bodily harm.1

“Substantial bodily harm” means bodily injury that causes [a laceration that

requires (stitches) (staples) (a tissue adhesive)] [any fracture of a bone] [a broken

nose] [a burn] [a petechia] [a temporary loss of consciousness, sight, or hearing]

[a concussion] [a loss or fracture of a tooth].2

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

person].3

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

physical condition.4

“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.5

The intent to cause bodily harm must exist at the time of the act causing

substantial bodily harm.6

Deciding About Intent

You cannot look into a person’s mind to find intent. Intent 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.7

Jury’s Decision

If you are satisfied beyond a reasonable doubt that both 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.