Wis JI-Criminal 2108B

Statutory Definition of the Crime

Physical abuse of a child, as defined in § 948.03(4)(a) of the Criminal Code of

Wisconsin, is committed by a person responsible for the welfare of a child who has

knowledge that another person has recklessly caused great bodily harm to the child, is

physically and emotionally capable of taking action which will prevent the great bodily

harm from occurring, fails to take that action, and whose failure to act facilitates the great

bodily harm to the child that is recklessly caused by the other person.

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 seven elements

were present.

Elements of the Crime That the State Must Prove

1. First, that the defendant was a person responsible for the welfare of a child,

(name of victim).

A “person responsible for the welfare of a child” includes (use the

appropriate term from § 948.01(3)).1

2. (Name of victim) had not attained the age of 18 years at the time of the alleged

offense.

Knowledge of (name of victim)’s age by the defendant is not required2 and

mistake regarding (name of victim)’s age is not a defense.3

3. (Name of principal) recklessly caused great bodily harm to (name of victim).

This requires that the (name of principal)’s conduct created a situation of

unreasonable risk of harm to (name of victim) and demonstrated a conscious

disregard for the safety of (name of victim).4

In determining whether the conduct created an unreasonable risk of harm and

showed a conscious disregard for the safety of (name of victim), you should

consider all the factors relating to the conduct. These include the following: what

the (name of principal) was doing; why (he) (she) was doing it; how dangerous

the conduct was; how obvious the danger was; and whether the conduct showed

any regard for the safety of (name of victim).5

“Great bodily harm” means injury which creates a substantial 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.6

4. The defendant knew or believed7 that (name of principal) recklessly caused great

bodily harm to (name of victim).

What the defendant knew or believed must be determined from the

standpoint of the defendant at the time of the alleged offense and not from the

viewpoint of the jury now.8

5. The defendant was physically and emotionally capable of taking action which

would have prevented the great bodily harm from occurring.9

6. The defendant failed to take that action.

7. The defendant’s alleged failure to act facilitated the great bodily harm to (name

of victim) that was recklessly caused by (name of principal) .10

Deciding About Knowledge and Belief

You cannot look into a person’s mind to find knowledge and belief. Knowledge and

belief 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.

Jury’s Decision

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