Wis JI-Criminal 1240C

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) (family member) of any current or former

(prosecutor) (law enforcement officer) where at the time of the act the person knows or had

reason to know that that the victim is a (current or former (prosecutor) (law enforcement

officer)) (family member of a current or former (prosecutor) (law enforcement officer)),

the act is in response to an action taken in the (prosecutor’s) (law enforcement officer’s)

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).

“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 (current or former (prosecutor) (law enforcement officer))

(family member of a current or former (prosecutor) (law enforcement officer)).

[For the purpose of this offense, a (e.g., district attorney) is a prosecutor.]3

[A (insert title, e.g., sheriff) is a law enforcement officer.]4

[For the purpose of this offense, a (e.g., child) is a family member.]5

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

or former (prosecutor) (law enforcement officer)) (family member of a current or

former (prosecutor) (law enforcement officer)).

4. The defendant caused bodily harm in response to an action taken in the

(prosecutor’s) (law enforcement officer’s) official capacity.

(Prosecutors) (Law enforcement officers) act in an official capacity when they

perform duties that they are employed6 to perform.7 [The duties of a (prosecutor)

(law enforcement officer) include:].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).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.