Wis JI-Criminal 2114A (example)

2114A EXAMPLE REPEATED ACTS OF PHYSICAL ABUSE OF A CHILD — §

948.03(5)

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, 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 Section 948.03(2)(a).

Section 948.03(2)(a) requires the State to prove that:

• The defendant caused great bodily harm to (name of victim).

“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.

• The defendant intentionally caused great bodily harm.

2114A EXAMPLE WIS JI-CRIMINAL 2114A EXAMPLE

This requires that the defendant had the mental purpose to cause great

bodily harm to (name of victim) or was aware that (his) (her) conduct was

practically certain to cause that result.

• (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,

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

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).

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.]

Jury’s Decision

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

violations of Section 948.03(2)(a) within the specified period of time, you should find the

defendant guilty.

2114A EXAMPLE WIS JI-CRIMINAL 2114A EXAMPLE

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

SEE WIS JI-CRIMINAL 2114A IF SPECIAL QUESTIONS ON PENALTY-

INCREASING FACTS ARE NECESSARY.1