Wis JI-Criminal 2114A

Statutory Definition of the Crime

Section 948.03(5) of the Criminal Code of Wisconsin is violated by one who, within

a specified period of time, 1 commits three or more acts of physical abuse of the same

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 two elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant committed at least three acts of physical abuse of (name of

victim).

In this case, the defendant is alleged to have committed physical abuse of a

child by violating (identify the subsection of § 948.03 that defines the physical

abuse alleged). 2

Section ________ requires the State to prove that: 3

LIST THE ELEMENTS OF THE CRIME AS IDENTIFIED IN THE

APPLICABLE INSTRUCTION. ADD DEFINITIONS FROM THE

UNIFORM INSTRUCTION AS NECESSARY. 4

2. At least three acts of physical abuse took place within a specified period of time.

The specified period of time is from (beginning date of specified period)

through (ending date of specified period). 5

GIVE THE FOLLOWING ONLY IF MORE THAN THREE ACTS HAVE

BEEN ALLEGED.

[More Than Three Acts Alleged]

[Before you may find the defendant guilty you must unanimously agree that at least

three acts of physical abuse occurred between (beginning date of specified period) and

(ending date of specified period), but you need not agree on which acts constitute the

required three.] 6

Jury’s Decision

If you are satisfied beyond a reasonable doubt that the defendant committed three

violations of (specify statute) within the specified period of time, you should find the

defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.

ADD ONE OF THE FOLLOWING IF THE OFFENSE WAS CHARGED AS A

CLASS A, B, C, OR D FELONY AND THERE IS EVIDENCE THAT THE

PENALTY-INCREASING FACT IS PRESENT. 7

[If you find the defendant guilty, you must answer the following question:

(Did at least one violation cause the death of the child? You must all agree on

the violation that caused death.)

(Did at least two violations involve intentionally causing great bodily harm to the

child? You must all agree on the violations that caused great bodily harm.)

(Did at least one violation cause great bodily harm to the child? You must all

agree on the violation that caused 8 great bodily harm.)

(Did at least one violation create a high probability of great bodily harm to the

child?

You must all agree on the violation that created a high probability of great bodily

harm.)

Before you may answer the question “yes,” you must be satisfied beyond a

reasonable doubt that the answer is “yes.”

If you are not so satisfied, you must answer the question “no.”]