Wis JI-Criminal 1246

Statutory Definition of the Crime

Mayhem, as defined in § 940.21 of the Criminal Code of Wisconsin, is committed by one

who cuts or mutilates the tongue, eye, ear, nose, lip, limb, or other bodily member of another

with intent to disable or disfigure that person.

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 three elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant cut or mutilated (the tongue) (the eye) (the ear) (the nose) (the lip) (a

limb) (any bodily part) 1 of (name of victim).

2. The cutting or mutilation caused great bodily harm to (name of victim). 2

"Cause" means that the defendant's conduct was a substantial factor 3 in

producing great bodily harm.

"Great bodily harm" means injury which creates a substantial risk of death, or

which causes serious permanent disfigurement, or which causes a permanent or

protracted loss or impairment of the function of any bodily member or organ, or

other serious bodily injury. 4

3. The defendant intended to disable or disfigure (name of victim).

This requires that the defendant had the mental purpose to disable or disfigure

(name of victim) or was aware that (his) (her) conduct was practically certain to

disable or disfigure (name of victim).

Deciding About Intent

You cannot look into a person's mind to find intent. Intent 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.

Jury's Decision

If you are satisfied beyond a reasonable doubt that all three elements of mayhem have

been proved, you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.