WI · jury_instructions
Wis JI-Criminal 1778
Assault by a Prisoner: Placing an Officer, Employee, Visitor, or Inmate in Apprehension of an Immediate Battery Likely to Cause Death or Great Bodily Harm
Statutory Definition of the Crime
Assault by a prisoner, as defined in § 946.43(1) of the Criminal Code of Wisconsin,
is committed by one who is a prisoner confined to a [state prison] [(state) (county)
(municipal) detention facility] who intentionally places (an officer) (an employee) (a
visitor) (an inmate) of the institution in apprehension of an immediate battery likely to
cause death or 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 five elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant was a prisoner confined to a [state prison] [(state) (county)
(municipal) detention facility].
This requires that the defendant was confined in a (prison) (detention
facility) as a result of a violation of law. 1
(Name of institution) is a [state prison] [(state) (county) (municipal)
detention facility]. 2
2. (Name of victim) was (an officer) (an employee) (a visitor) (an inmate) of
(name of institution).
3. The defendant placed (name of victim) in apprehension of an immediate battery
likely to cause death or great bodily harm. 3
"Apprehension" refers to being fearful of what is about to occur.
"Immediate," as used here, means near at hand, on the point of happening
and capable of happening right away.
"Battery" means intentionally causing injury to another without consent. 4
"Great bodily harm" means serious bodily injury. 5 [Injury which creates a
serious 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, is great bodily harm.]
4. The defendant intended to place (name of victim) in apprehension of an
immediate battery likely to cause death or great bodily harm.
This requires that the defendant had the purpose to place (name of victim)
in apprehension of an immediate battery likely to cause death or great bodily
harm. 6
5. The defendant knew (name of victim) was (an employee) (an officer) (a visitor)
(an inmate) of (name prison or institution). 7
Deciding About Intent and Knowledge
You cannot look into a person's mind to find intent and knowledge. Intent and
knowledge must be found, if found at all, from the defendant's acts, words, and
statements, if any, and from all the facts and circumstances in this case bearing upon
intent and knowledge.
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.
History
Wis JI-Criminal 1778 (2001). Release No. 39, 4/2001. © 2001, Regents, Univ. of Wis. 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
eda254fa1031e73a84ed6b5301d0bf27471a741ace62f371baf51b4f992a3100
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