Wis JI-Criminal 1271 (example)

1271 EXAMPLE ABUSE OF PATIENTS AND RESIDENTS: RECKLESS

PHYSICAL ABUSE CAUSING GREAT BODILY HARM TO

AN INDIVIDUAL AT RISK — § 940.295(3)(b)1m.

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 employed in an adult care center who recklessly abuses a

resident of that facility 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 six elements were

present.

Elements of the Crime That the State Must Prove

1. The defendant was employed in The Fairview Care Center.

2. (Name of victim) was a resident The Fairview Care Center.

3. The Fairview Care Center was an adult day care center. 1

4. 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.

5. The defendant acted recklessly.

1271 EXAMPLE WIS JI-CRIMINAL 1271 EXAMPLE

"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 resident.

6. The defendant recklessly abused (name of victim) 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 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.

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

Was (name of victim) an individual at risk?

"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.

1271 EXAMPLE WIS JI-CRIMINAL 1271 EXAMPLE