Wis JI-Criminal 1249B

Statutory Definition of the Crime

Battery to an elder person1, as defined in § 940.66(2)(b) of the Criminal Code of

Wisconsin, is committed by one who intentionally causes bodily harm to an elder 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 caused bodily harm to (name of victim).

“Cause” means that the defendant’s act 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. The defendant intentionally4 caused bodily harm to (name of victim).

This requires that the defendant had the mental purpose to cause bodily harm

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

to cause that result.

3. (Name of victim) was 60 years of age or older at the time of the offense.

Knowledge of (name of victim)’s age by the defendant is not required and a

mistake regarding the (name of victim)’s age is not a defense.5

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 this offense

have been proved, you should find the defendant guilty.

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