Wis JI-Criminal 1234

Statutory Definition of the Crime

Battery to a public officer, as defined in § 940.62(1)(a) of the Criminal Code of

Wisconsin, is committed by one who intentionally causes bodily harm to a public officer,

without the consent of that person, in order to influence the action of the officer or as a

result of any action taken within the officer’s official capacity.

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. (Name of victim) was a public officer at the time of the alleged offense.

“Public officer” means any person appointed or elected according to law to

discharge a public duty for the state or one of its subordinate governmental units.1

(A _____________ is a public officer.)2

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

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

producing the bodily harm.3

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

physical condition.4

3. The defendant intended to cause such bodily harm.

The phrase “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 conduct was practically certain to cause bodily harm to another.5

4. (Name of victim) did not consent to such bodily harm.

5. The defendant knew (name of victim) did not consent.6

6. The defendant caused bodily harm to (name of victim) (in order to influence the

action of (name of victim)) (as a result of action taken within (name of victim)’s

official capacity).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.

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.