Wis JI-Criminal 1268 (example)

1268 EXAMPLE ABUSE OF INDIVIDUALS AT RISK: RECKLESSLY

SUBJECTING AN INDIVIDUAL AT RISK TO ABUSE

UNDER CIRCUMSTANCES THAT CAUSE GREAT BODILY

HARM — § 940.285(2)(b)1.m.

Statutory Definition of the Crime

Abuse of individuals at risk, as defined in § 940.285 of the Criminal Code of Wisconsin,

is committed by one who recklessly subjects an individual at risk to abuse under

circumstances that cause great bodily harm.

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 four elements

were present.

Elements of the Crime That the State Must Prove

1. (Name of victim) was an individual at risk at the time of the alleged offense.

"Individual at risk" means a person age 60 or older who has experienced, is

currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or

financial exploitation.

2. The defendant subjected (name of victim) to physical abuse.

"Physical abuse" means the intentional or reckless infliction of bodily harm.

"Bodily harm" means physical pain or injury, illness, or any impairment of physical

condition.

1268 EXAMPLE WIS JI-CRIMINAL 1268 EXAMPLE

3. The defendant acted recklessly.

"Recklessly" means conduct that creates a situation of unreasonable risk of harm

and demonstrates a conscious disregard for the safety of the individual at risk.

4. The defendant recklessly subjected (name of victim) to abuse under circumstances

that caused great bodily harm.

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

producing great bodily harm.

"Great bodily harm" means serious bodily injury.

Jury's Decision

If you are satisfied beyond a reasonable doubt that all four 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.