WI · jury_instructions
Wis JI-Criminal 1425C
Burglary: Committing a Battery While in the Enclosure - 943.10(2)(d)
[THE FOLLOWING INSTRUCTION SHOULD BE GIVEN IMMEDIATELY
AFTER WIS JI-CRIMINAL 1421 or 1424.]
The information alleges not only that the defendant committed the crime of burglary
but also that the defendant committed a battery upon a person who was lawfully present in
the enclosure.
If you find the defendant guilty, you must answer the following question “yes” or “no”:
“Did the defendant commit a battery upon a person who was lawfully present in
the enclosure?”
“Battery” is committed by one who causes bodily harm to another person, with intent
to cause bodily harm and without the consent of the other person, and who knows that the
person does not consent to the bodily harm.1
“Enclosure” means the building or room where the burglary was committed.2
If you are satisfied beyond a reasonable doubt that the defendant committed the crime
of burglary and that the defendant committed a battery upon a person who was lawfully
present in the enclosure, you should answer the question “yes.”
If you are not so satisfied, you must answer the question “no.”
History
Wis JI-Criminal 1425C (2/2025). Release No. 67. Wisconsin Court System, 2/2025. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
2bde86d0935e699fd6a6163e77e1efa36548655595cd3ba9fdeb016373ad3801
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