WI · jury_instructions
Wis JI-Criminal 1229
Battery by a Person Subject to an Injunction - s.940.61(1)
Statutory Definition of the Crime
Section 940.61(1) of the Criminal Code of Wisconsin is violated by a person who is
subject to (a domestic abuse injunction) (a harassment injunction)1 (a tribal injunction filed
under s. 813.128(3g)) and who intentionally causes bodily harm to the petitioner who
sought the injunction by an act done 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. (Name of victim) petitioned for (a domestic abuse injunction) (a harassment
injunction) (a tribal injunction filed under s. 813.128(3g)) against the defendant.
2. At the time of the alleged offense, the defendant was subject to the (domestic abuse
injunction) (harassment injunction) (a tribal injunction filed under s. 813.128(3g)).
3. The defendant intentionally caused bodily harm to (name of victim).
“Cause” means that the defendant’s conduct was a substantial factor in
producing the bodily harm.2
“Bodily harm” means physical pain or injury, illness, or any impairment of
physical condition.3
4. (Name of victim) did not consent to the bodily harm.4
5. The defendant knew (name of victim) petitioned for the injunction and knew that
(name of victim) did not consent to the causing of bodily harm.5
Meaning of “Intentionally”
“Intentionally” means that the defendant had the mental purpose to cause bodily harm
to another human being or was aware that the conduct was practically certain to cause
bodily harm to another.6
Deciding About Intent and Knowledge
You cannot look into a person’s mind to find intent or 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.
History
Wis JI-Criminal 1229 (11/2025). Release No. 69. Wisconsin Court System, 11/2025. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
e7d81ab81e8ac9844d9275d14c48ea084dd051e97ecdf6f0837a58442c630856
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