Wis JI-Criminal 1272

Statutory Definition of the Crime

Neglect 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 neglects] [recklessly neglects] [neglects]2 a [(patient) (resident)] of that

[(facility) (program)] (or who knowingly permits another person to do so)3 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 five elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant was (in charge of) (employed in) (name of facility).4

2. (Name of victim) was a (patient)5 (resident)6 of (name of facility).7

3. (Name of facility) was a (type of facility)8.

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

4. The defendant [intentionally neglected] [recklessly neglected] [neglected] (name

of victim).9

“Neglect” means creating significant risk to the physical or mental health of

an individual by the failure of a caregiver to endeavor to secure or maintain10

adequate care, services, or supervision for that individual.

IF INTENTIONAL NEGLECT IS ALLEGED, ADD THE FOLLOWING:

[“Intentionally” means that the defendant acted with the mental purpose to

neglect (name of victim) or was aware that (his) (her) conduct was practically

certain to cause that result.11]

IF RECKLESS NEGLECT IS ALLEGED, ADD THE FOLLOWING:

[“Recklessly” means that the defendant’s conduct created a situation of

unreasonable risk of harm to, and demonstrated a conscious disregard for the

safety of, the (patient) (resident).]12

5. The defendant [intentionally neglected] [recklessly neglected] [neglected] (name

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

bodily harm] [bodily harm].13

[“Cause” means that the defendant’s conduct was a substantial factor in

producing (death) (great bodily harm) (bodily harm)].14

[“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.]15

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

physical condition.]16

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all five 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”:17

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.]18

[“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.]19

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.”