Wis JI-Criminal 1232A

Statutory Definition of the Crime

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

intentionally causes bodily harm to (the person) (the family member) of a current or former

juror1 where at the time of the act the defendant knows or had reason to know that the

victim is a (current or former juror) (family member of a current or former juror), the act

is in response to any action taken (in the juror’s official capacity) (by the juror in a legal

proceeding), 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 that 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).

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

producing bodily harm.2

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

physical condition.3

2. (Name of victim) was a (current or former juror) (family member of a current or

former juror).

[For the purpose of this offense, a (e.g., child) is a family member.]4

3. At the time of the act, the defendant (knew)5 (had reason to know) that (name of

victim) was a (current or former juror) (family member of a current or former

juror).

4. The defendant caused bodily harm to (name of victim) in response to an action

taken in (an official capacity) (a legal proceeding) by (name of juror) as a juror.6

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

6. The defendant acted intentionally.

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

bodily harm to another human being or was aware that his or her conduct was

practically certain to cause bodily harm.7

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.8

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.