Wis JI-Criminal 1980

Statutory Definition of the Crime

Mistreating an animal, as defined in §§ 951.02 and 951.18 of the Criminal Code of

Wisconsin, is committed by one who (intentionally) (negligently) 1 treats any animal in a

cruel 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 treated an animal 2 in a cruel manner.

"Cruel" means causing (unnecessary and excessive pain or suffering)

(unjustifiable injury or death). 3

2. The defendant (intentionally) (negligently) treated an animal in a cruel manner.

["Intentionally" requires that the defendant acted with the mental purpose to

treat the animal in a cruel manner or was aware that the conduct was practically

certain to cause that result.] 4

["Negligently" requires that the defendant's conduct amounted to "criminal

negligence." 5 "Criminal negligence" means:

• the conduct 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) conduct created the

unreasonable and substantial risk of death or great bodily harm.]

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.

ADD ONE OF THE FOLLOWING QUESTIONS IF A FELONY OFFENSE IS

CHARGED 6

If you find the defendant intentionally treated an animal in a cruel manner, you must

answer the following question:

["Did treating the animal in a cruel manner result in the (mutilation) (disfigurement)

(death) of the animal?"] 7

["Did the defendant cause injury to the animal and know that the animal was used by

a law enforcement agency to perform agency functions or duties?"] 8

Before you may answer this question "yes," you must be satisfied beyond a

reasonable doubt that the answer to the question is "yes."

If you are not so satisfied, you must answer the question "no."