Wis JI-Criminal 1236

Statutory Definition of the Crime

Section § 940.62(1)(e)1 is violated by one who intentionally causes bodily harm to a

public transit vehicle operator, driver, or passenger1 without that person’s consent.

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 four 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 the bodily harm.2

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

physical condition.3

2. At the time of the bodily harm, (name of victim) was a public transit vehicle

(operator) (driver) (passenger).

“Public transit vehicle” means any vehicle used for providing transportation

service to the general public.4

3. The defendant acted intentionally.

This requires that the defendant intended to cause bodily harm to (name of

victim) and knew that (name of victim) was a public transit vehicle (operator)

(driver) (passenger).5

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.6

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

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all four 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.