WI · jury_instructions

Wis JI-Criminal 2110

Physical Abuse of a Child: Intentionally Causing Bodily Harm by Conduct Which Creates a High Probability of Great Bodily Harm

activein force · 2009-05-01 – presentas-observed

Statutory Definition of the Crime

Physical abuse of a child, as defined in § 948.03(2)(c) of the Criminal Code of

Wisconsin, is committed by one who intentionally causes bodily harm to a child by

conduct which creates a high probability of 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 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. The defendant's conduct created a high probability of great bodily harm.

"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. 3

4. The defendant knew that (his) (her) conduct created a high probability of great

bodily harm. 4

5. (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 5 and

mistake regarding (name of victim) 's age is not a defense. 6

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 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 2110 (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: 31e0d96cc2cf39c738b0437df1145febc351b002a898afad4cf55e95fb81e5d1

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