Wis JI-Criminal 1270

Statutory Definition of the Crime

Abuse of residents of penal facilities, as defined in § 940.29 of the Criminal Code of

Wisconsin, is committed by one in charge of or employed in a penal or correctional

institution or other place of confinement who abuses, neglects, or ill-treats a person confined

in or a resident of that institution or place, or who knowingly permits another person to do so.

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. The defendant was (in charge of) (employed in) a facility.

2. (Name of victim) was (a resident of) (confined in) a facility.

3. The facility was a [(penal) (correctional) institution] [place of confinement].

IF A STATUTE IDENTIFIES THE NATURE OF THE FACILITY, ADD

THE FOLLOWING. 1

[(Name of facility) is a (penal) (correctional) institution.]

4. The defendant (did knowingly) (knowingly permitted 2 another person to) abuse,

neglect, or ill-treat (name of victim).

The phrase "abuse, neglect, or ill-treat" 3 means any act or failure to act which

causes unreasonable 4 suffering, misery, or physical harm to a resident.

[Reasonable conduct necessary for treatment or maintenance of order and

discipline in the facility and deprivation incidental to confinement reasonably

required by a sentence or commitment are not abuse, neglect, or ill treatment.] 5

Deciding About Knowledge

You cannot look into a person's mind to find out knowledge. Knowledge must be found,

if found at all, from the defendant's acts, words, ands statements, if any, and from all the facts

and circumstances in this case bearing upon knowledge.

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.