Wis JI-Criminal 2116

Statutory Definition of the Crime

Causing mental harm to a child, as defined in § 948.04 of the Criminal Code of

Wisconsin, is committed by one who is exercising temporary or permanent control of a

child and causes mental harm to that child by conduct that demonstrates substantial

disregard for the mental well-being of the 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 five elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant was exercising temporary or permanent control1 of

(name of victim).

2. (Name of victim) suffered mental harm.

“Mental harm” means substantial harm to a child’s psychological or

intellectual functioning that may be evidenced by a substantial degree of certain

characteristics of the child, including, but not limited to, anxiety, depression,

withdrawal, or outward aggressive behavior. “Mental harm” may be demonstrated

by a substantial and observable change in behavior, emotional response, or

cognition that is not within the normal range for the child’s age and stage of

development.2

3. The defendant caused mental harm to (name of victim).

This requires that the defendant’s conduct was a substantial factor in producing

the mental harm.3

4. The defendant caused mental harm by conduct that demonstrated substantial

disregard for the mental well-being of (name of victim).4

5. (Name of victim) had not attained the age of 18 years at the time the alleged harm

was caused.5

Knowledge of (name of victim)’s age by the defendant is not required,6 and

mistake regarding (name of victim)’s age is not a defense.7

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.