WI · jury_instructions
Wis JI-Criminal 2109
Physical Abuse of a Child: Intentionally Causing Bodily Harm
Statutory Definition of the Crime
Physical abuse of a child, as defined in § 948.03(2)(b) of the Criminal Code of
Wisconsin, is committed by one who intentionally causes bodily harm to a child.
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 caused bodily harm to (name of victim).
Bodily harm means physical pain or injury, illness, or any impairment of
physical condition. 1
2. The defendant intentionally2 caused bodily harm.
This requires that the defendant had the mental purpose to cause bodily harm
to (name of victim) or was aware that (his) (her) conduct was practically certain
to cause that result.
3. (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 required 3 and
mistake regarding (name of victim) 's age is not a defense. 4
Deciding About Intent
You cannot look into a person's mind to find intent. Intent 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 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.
History
Wis JI-Criminal 2109 (2009). Release No. 47, 5/2009. © 2009, 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
3e3502e50c5bffad0253a64fbbaa4974380f0a536d95fd0058fbe870b22cb86f
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