Wis JI-Criminal 1231

Statutory Definition of the Crime

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

intentionally causes bodily harm to the (person) (family member) of (a probation, extended

supervision or parole agent) (a community supervision agent) (an aftercare agent) where at

the time of the act the defendant knows or has reason to know that the victim is (a probation,

extended supervision or parole agent) (a community supervision agent) (an aftercare agent)

(a family member of (a probation, extended supervision or parole agent) (a community

supervision agent) (an aftercare agent)), the act is in response to an action by the agent

acting in (his) (her) official capacity, and there is no consent by the person harmed.

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.

Elements of the Crime That the State Must Prove

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

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

physical condition.1

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

producing the bodily harm.2

2. (Name of victim) was ((a probation, extended supervision or parole agent)3 (a

community supervision agent)4 (an aftercare agent)5) (a family member of (a

probation, extended supervision or parole agent) (a community supervision agent)

(an aftercare agent)).

[For the purpose of this offense, a (e.g., child) is a family member.]6

3. At the time of the act, the defendant knew, or had reason to know, that (name of

victim) was (a probation, extended supervision or parole agent) (a community

supervision agent) (an aftercare agent) (a family member of (a probation, extended

supervision or parole agent) (a community supervision agent) (an aftercare

agent)).7

4. The act was in response to an action taken by the agent acting in (his) (her) official

capacity.

(Probation, extended supervision or parole agents) (community supervision

agents) (aftercare agents) act in an official capacity when they perform duties that

they are employed8 to perform.9 [These duties include: _________________.]10

5. The defendant caused bodily harm without the consent11 of (name of victim).

6. The defendant acted intentionally.12 This requires that the defendant intended to

cause bodily harm to (name of victim), or was aware that his or her conduct was

practically certain to cause that result, and knew that (name of victim) did not

consent.13

Meaning of “Intentionally”

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.14

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.