Wis JI-Criminal 1225A

Statutory Definition of the Crime

Aggravated battery, as defined in § 940.60(3)(b) of the Criminal Code of Wisconsin,

is committed by one who causes great bodily harm to another by an act done with the intent

to cause great 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 great bodily harm to (name of victim).

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

the great bodily harm.1

“Great bodily harm” means serious bodily injury.2 [Injury which creates a

substantial risk of death, or which causes serious permanent disfigurement, or

which causes a permanent or protracted loss or impairment of the function of any

bodily member or organ, or other serious bodily injury is great bodily harm.]

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

person).3

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

purpose to cause great bodily harm to another human being or was aware that (his)

(her) conduct was practically certain to cause great bodily harm to another human

being.4

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.5

Self-Defense

Self-defense is an issue in this case. The law of self-defense allows the defendant to

threaten or intentionally use force against another only if:6

• the defendant believed that there was an actual or imminent unlawful interference

with the defendant’s person; and

• the defendant believed that the amount of force the defendant used or threatened

to use was necessary to prevent or terminate the interference; and

• the defendant’s beliefs were reasonable.

[ADD THE FOLLOWING IF THERE IS EVIDENCE THAT THE FORCE

USED WAS INTENDED OR LIKELY TO CAUSE DEATH OR GREAT

BODILY HARM.]

[The defendant may intentionally use force which is intended or likely to cause

death or great bodily harm only if the defendant reasonably believed that the force used

was necessary to prevent imminent death or great bodily harm to (himself) (herself).]7

Determining Whether Beliefs Were Reasonable

A belief may be reasonable even though mistaken.8 In determining whether the

defendant’s beliefs were reasonable, the standard is what a person of ordinary intelligence

and prudence would have believed in the defendant’s position under the circumstances that

existed at the time of the alleged offense.9 The reasonableness of the defendant’s beliefs

must be determined from the standpoint of the defendant at the time of the defendant’s acts

and not from the viewpoint of the jury now.

[IF RETREAT IS AN ISSUE, ADD APPROPRIATE INSTRUCTION HERE –

SEE WIS JI CRIMINAL 810.]

[IF THERE IS EVIDENCE THAT THE DEFENDANT PROVOKED THE

ATTACK, ADD APPROPRIATE INSTRUCTION HERE – SEE WIS JI

CRIMINAL 815.]

State’s Burden of Proof

The State must prove by evidence which satisfies you beyond a reasonable doubt that

the defendant did not act lawfully in self-defense.

Jury’s Decision

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

been proved and that the defendant did not act lawfully in self-defense, you should find the

defendant guilty.

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