Wis JI-Criminal 2113

Statutory Definition of the Crime

Physical abuse of a child, as defined in § 948.03(3)(c) of the Criminal Code of

Wisconsin, is committed by one who recklessly 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 four 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 recklessly caused bodily harm.

This requires that the defendant'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). 2

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 defendant 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). 3

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. 4

4. (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

Jury's Decision

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