Wis JI-Criminal 1250

Statutory Definition of the Crime

First degree reckless injury, as defined in § 940.23(1) of the Criminal Code of

Wisconsin, is committed by one who recklessly causes great bodily harm to another

human being under circumstances that show utter disregard for human life.

State’s Burden of Proof

Before you may find the defendant guilty of first degree reckless injury, 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

great bodily harm. 1

“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. 2

2. The defendant caused great bodily harm by criminally reckless conduct.

“Criminally reckless conduct” means: 3

• the conduct created a risk of death or great bodily harm to another

person; and

• the risk of death or great bodily harm was unreasonable and

substantial; and

• the defendant was aware that (his) (her) conduct created the

unreasonable and substantial risk of death or great bodily harm. 4

3. The circumstances of the defendant’s conduct showed utter disregard 5 for human

life.

In determining whether the circumstances of the conduct showed utter

disregard for human life, consider these factors: what the defendant was doing;

why the defendant was engaged in that conduct; how dangerous the conduct was;

how obvious the danger was; whether the conduct showed any regard for life; 6

and, all other facts and circumstances relating to the conduct.

ADD THE FOLLOWING IF EVIDENCE OF THE DEFENDANT’S AFTER-THE-

FACT CONDUCT HAS BEEN ADMITTED. 7

[Consider also the defendant’s conduct after the great bodily harm to the extent that it

helps you decide whether or not the circumstances showed utter disregard for human life

at the time the great bodily harm occurred.]

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all three elements of this offense

were present, you should find the defendant guilty.

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