Wis JI-Criminal 1320

Statutory Definition of the Crime

Endangering safety by use of a dangerous weapon, as defined in § 941.20(1)(a) of the

Criminal Code of Wisconsin, is committed by one who endangers another's safety by the

negligent operation or handling of a dangerous weapon.

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 three elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant operated or handled a dangerous weapon.

2. The defendant operated or handled a dangerous weapon in a manner constituting

criminal negligence.

3. The defendant's operation or handling of a dangerous weapon in a criminally

negligent manner endangered the safety of another.

Meaning of "Dangerous Weapon"

"Dangerous weapon" means 1

[any firearm, whether loaded or unloaded. A firearm is a weapon that acts by force

of gunpowder.]

[any device designed as a weapon and capable of producing death or great bodily harm.

"Great bodily harm" means serious bodily injury. 2]

[any device or instrumentality which, in the manner it is used or intended to be used, is

likely to produce death or great bodily harm. 3 "Great bodily harm" means serious

bodily injury. 4]

[any electric weapon. An electric weapon is a device designed or used to immobilize or

incapacitate a person by the use of electric current.]

Meaning of "Criminal Negligence"

"Criminal negligence" means: 5

• the defendant's operation or handling of a dangerous weapon 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) operation or handling of a

dangerous weapon 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.] 6

Jury's Decision

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