Wis JI-Criminal 1228

Statutory Definition of the Crime

Battery by prisoner, as defined in § 940.61(2)(a) of the Criminal Code of Wisconsin,

is committed by one who is confined to a [state prison] [(state) (county) (municipal)

detention facility] and who intentionally causes bodily harm or a soft tissue injury to (an

officer) (an employee) (a visitor) (another inmate) of the (prison) (detention facility)

without the consent of that person.

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 five elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant was a prisoner confined to a [state prison] [(state) (county)

(municipal) detention facility].

This requires that the defendant was confined to a (prison) (detention facility)

as a result of a violation of law.1

(Name of institution) is a [state prison] [(state) (county) (municipal) detention

facility].2

2. The defendant intentionally caused (bodily harm) (a soft tissue injury) to (name

of victim).

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

(bodily harm) (a soft tissue injury).3

“Intentionally” means that the defendant had the mental purpose to cause

(bodily harm) (a soft tissue injury) to another human being or was aware that (his)

(her) conduct was practically certain to cause (bodily harm) (a soft tissue injury)

to another human being.4

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

physical condition.5]

[“Soft tissue injury” means an injury that requires medical attention to a tissue

that connects, supports, or surrounds other structures and organs of the body and

includes tendons, ligaments, fascia, skin, fibrous tissues, fat, synovial membranes,

muscles, nerves, and blood vessels.6]

3. (Name of victim) was (an officer) (an employee) (a visitor) (another inmate) of

(name of institution).

4. The defendant caused (bodily harm) (a soft tissue injury) without the consent of

(name of victim).7

5. The defendant knew (name of victim) was (an officer) (an employee) (a visitor)

(another inmate) of (name of institution) and knew that (name of victim) did not

consent to the causing of (bodily harm) (a soft tissue injury).8

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.

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all five 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.