WI · jury_instructions
Wis JI-Criminal 1249D
Battery to an Elder Person: Reckless Causation of Great Bodily Harm - s.940.66(3)(a)
Statutory Definition of the Crime
Battery to an elder person1, as defined in § 940.66(3)(a) of the Criminal Code of
Wisconsin, is committed by one who recklessly causes great 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 great bodily harm to (name of victim).
“Cause” means that the defendant’s act was a substantial factor in producing
the bodily harm.2
“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.3
2. The defendant recklessly caused great bodily harm to (name of victim).
This requires that the defendant’s conduct created a situation of unreasonable
risk of harm to (name of victim) and demonstrated a conscious disregard for the
safety of (name of victim).4
In determining whether the conduct created an unreasonable risk of harm and
showed a conscious disregard for the safety of (name of victim), you should
consider all the factors relating to the conduct. These include the following: what
the defendant was doing; why (he) (she) was doing it; how dangerous the conduct
was; how obvious the danger was; and whether the conduct showed any regard for
the safety of (name of victim).5
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.6
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.
History
Wis JI-Criminal 1249D (11/2025). Release No. 69. Wisconsin Court System, 11/2025. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
7413f83c79bd166bd0408104c98f8d9162423f38d0421e2be9183b521692b9de
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