Wis JI-Criminal 1230

Statutory Definition of the Crime

Section 940.62(2)(d) of the Criminal Code of Wisconsin is violated by one who

intentionally causes bodily harm to a (firefighter) (commission warden) where at the time

of the act the defendant knows or has reason to know that the victim is a (firefighter)

(commission warden) acting in an official capacity and there is no consent by the victim.

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 six elements

were present.

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

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

producing bodily harm.1

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

physical condition.2

2. (Name of victim) was a (firefighter)3 (commission warden).4

3. (Name of victim) was acting in an official capacity.

(Firefighters) (Commission wardens) act in an official capacity when they

perform duties that they are employed5 to perform.6 [The duties of a (firefighter)

(commission warden) include: _______________________.]7

4. The defendant knew or had reason to know that (name of victim) was a

(firefighter) (commission warden) acting in an official capacity.8

5. The defendant caused bodily harm to (name of victim) without the consent9 of

(name of victim).

6. The defendant acted intentionally. This requires that the defendant acted with the

mental purpose to cause bodily harm to (name of victim) and knew that (name of

victim) did not consent.10

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 six 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.