Wis JI-Criminal 1271

Statutory Definition of the Crime

Abuse of patients and residents, as defined in § 940.295 of the Criminal Code of

Wisconsin, is committed by one [(in charge of) (employed in)] (name type of facility) 1 who

[(intentionally) (recklessly) (negligently)] abuses a [(patient) (resident)] of that [(facility)

(program)] (or who knowingly permits another person to do so) 2 under circumstances that

(are likely to) cause [death] [great bodily harm] [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 six elements were

present.

Elements of the Crime That the State Must Prove

1. The defendant was (in charge of) (employed in) (name of facility). 3

2. (Name of victim) was a (patient) 4 (resident) 5 of (name of facility). 6

3. (Name of facility) was a (type of facility). 7

[(Type of facility) means (use the applicable statutory definition, if any) .]

4. The defendant subjected 8 (name of victim) to [physical abuse] [emotional abuse]

[sexual abuse] [treatment without consent] [unreasonable confinement or restraint].9

CHOOSE ONE OF THE FOLLOWING DEFINITIONS

["Physical abuse" means the intentional or reckless infliction of bodily harm. 10

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

condition. 11]

["Emotional abuse" means language or behavior that serves no legitimate

purpose and is intended to be intimidating, humiliating, threatening, frightening, or

otherwise harassing, and that does or reasonably could intimidate, humiliate,

threaten, frighten, or otherwise harass the individual to whom the conduct or

language is directed.] 12

["Sexual abuse" means sexual assault as defined in section 940.225 of the

Wisconsin Statutes.] 13

["Treatment without consent" means the administration of medication to an

individual who has not provided informed consent, or the performance of

psychosurgery, electroconvulsive therapy, or experimental research on an individual

who has not provided informed consent, with the knowledge that no lawful authority

exists for the administration or performance.] 14

["Unreasonable confinement or restraint" includes the intentional and

unreasonable confinement of an individual in a locked room, involuntary separation

of an individual from his or her living area, use on an individual of physical

restraining devices, or the provision of unnecessary or excessive medication to an

individual, but does not include the use of these methods or devices in entities

regulated by the department if the methods or devices are employed in conformance

with state and federal standards governing confinement and restraint.] 15

5. The defendant acted (intentionally) (recklessly) (negligently).

["Intentionally" means that the defendant acted with the mental purpose to

subject (name of victim) to abuse or was aware that (his)(her) conduct was

practically certain to cause that result. "Intentionally" also requires that the

defendant knew that (name of victim) was a (patient) (resident) (individual at

risk).] 16

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

death or harm to and demonstrates a conscious disregard for the safety of the

(patient) (resident).] 17

["Negligently" means that the defendant acted in a manner constituting criminal

negligence. (ADD WIS JI-CRIMINAL 925 CRIMINAL NEGLIGENCE).] 18

6. The defendant [intentionally] [recklessly] [negligently] abused (name of victim)

under circumstances that [(were likely to cause) (caused)] [death] [great bodily

harm] [bodily harm]. 19

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

producing (death) (great bodily harm) (bodily harm)]. 20

["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.] 21

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

physical condition.] 22

ADD THE FOLLOWING FOR CASES INVOLVING INTENTIONAL ABUSE

[Deciding About Intent and Knowledge]

[You cannot look into a person's mind to find intent or knowledge. Intent and knowledge

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 and knowledge.]

Jury's Decision

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

ADD THE FOLLOWING IF THE DEFENDANT IS CHARGED WITH ABUSE OF A

PATIENT OR RESIDENT WHO IS AN "INDIVIDUAL AT RISK": 23

If you find the defendant guilty, you must answer the following question:

Was (name of victim) an individual at risk?

CHOOSE ONE OF THE FOLLOWING DEFINITIONS

["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.] 24

["Individual at risk" means an adult who has a physical or mental condition that

substantially impairs his or her ability to care for his or her needs and who has

experienced, is currently experiencing, or is at risk of experiencing abuse, neglect,

self-neglect, or financial exploitation.] 25

If you are satisfied beyond a reasonable doubt that (name of victim) was an individual

at risk, you should answer the question "yes."

If you are not so satisfied, you must answer the question "no."