Wis JI-Criminal 1241A

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

(guardian ad litem) (corporation counsel) (advocate) (attorney) where at the time of the act

the person knows or has reason to know that the victim is a (current or former (guardian ad

litem) (corporation counsel) (advocate) (attorney)) (family member of a current or former

(guardian ad litem) (corporation counsel) (advocate) (attorney)), the act is in response to

an action taken in the (guardian ad litem’s) (corporation counsel’s) (advocate’s)

(attorney’s) official capacity or 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 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 (guardian ad litem3) (corporation

counsel4) (advocate5) (attorney6)) (family member of a current or former (guardian

ad litem) (corporation counsel) (advocate) (attorney)).

[For the purpose of this offense, a (e.g., child) is a family member.]7

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

or former (guardian ad litem) (corporation counsel) (advocate) (attorney)) (family

member of a current or former (guardian ad litem) (corporation counsel)

(advocate) (attorney)).

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

ad litem’s) (corporation counsel’s) (advocate’s) (attorney’s) official capacity or in

a [specify the legal proceeding under Wisconsin statutes chapter _____] [specify

the legal proceeding in a tribal court similar to Wisconsin statutes chapter

______.]

[(Guardians ad litem) (Corporation counsel) (Advocates) (Attorneys) act in an

official capacity when they perform duties that they are employed8 to perform.9

The duties of (a guardian ad litem) (a corporation counsel) (an advocate) (an

attorney) include: _________].10

[A ____________ is a legal proceeding under chapter (specify the Wisconsin

Statutes chapter )].11

[A _____________ is a legal proceeding in a tribal court.]12

5. The defendant caused bodily harm to (name of victim) without the consent13 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).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.