Wis JI-Criminal 1310

Statutory Definition of the Crime

Negligent handling of burning material, as defined in § 941.10 of the Criminal Code of

Wisconsin, is committed by one who handles burning material in a highly negligent manner.

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 two elements were

present.

Elements of the Crime That the State Must Prove

1. The defendant handled burning material.

2. The defendant did so in a manner constituting criminal negligence. 1

The Meaning of "Criminal Negligence"

"Criminal negligence" means:

• the defendant's handling of burning material created a risk of death or great

bodily harm; and

• the risk of death or great bodily harm was unreasonable and substantial; and

• the defendant should have been aware that (his) (her) handling of burning

material created the unreasonable and substantial risk of death or great

bodily harm.

IF REFERENCE TO ORDINARY NEGLIGENCE IS BELIEVED TO

BE HELPFUL OR NECESSARY SEE WIS JI-CRIMINAL 925. 2

IF EVIDENCE OF VIOLATION OF A SAFETY STATUTE HAS

BEEN RECEIVED, ADD THE FOLLOWING: 3

[Evidence has been received that the defendant violated section of the

Wisconsin Statutes, which provides that (summarize the statute). Violating this

statute does not necessarily constitute a criminal negligence. You may consider this

along with all the other evidence in determining whether the defendant's conduct

constituted criminal negligence.]

Jury's Decision

If you are satisfied beyond a reasonable doubt that both 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.