Wis JI-Criminal 2150A

Statutory Definition of the Crime

Neglecting a child, as defined in Section 948.21(2) of the Criminal Code of

Wisconsin is committed by any person who is responsible for a child’s welfare who,

through his or her action or failure to take action, for reasons other than poverty,

negligently fails to provide any of the following, so as to seriously endanger the physical,

mental, or emotional health of the child: necessary care, necessary food, necessary

clothing, necessary medical care, necessary shelter, education in compliance with section

118.15, protection from exposure to the distribution or manufacture of controlled

substances, as defined in section 961.01 (4), or controlled substance analogs, as defined

in section 961.01 (4m), or to drug abuse, as defined in section 46.973 (1) (b). 1

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 six elements

were present.

Elements of the Crime That the State Must Prove

1. (Name of child) had not attained the age of 18 years.

[Knowledge of (name of child)’s age is not required and mistake regarding

(name of child)’s age is not a defense.] 2

2. The defendant was a person responsible for the welfare of (name of child).

A “person responsible for the welfare of a child” includes (use the

appropriate term from § 948.01(3). 3

3. The defendant, through action or failure to take action, and for reasons other than

poverty, failed to provide 4

[necessary (care) 5 (food) (clothing) (medical care) (shelter).]

[education in compliance with section 118.15.]

[protection from exposure to (the distribution or manufacture of controlled

substances, as defined in section 961.01(4), or controlled substance analogs, as

defined in section 961.01(4m)) (or) (drug abuse, as defined in section 46.973 (1)

(b))]. 6

4. The failure to provide seriously endangered the physical, mental, or emotional

health of the child.

To “seriously endanger” means to create a serious risk of harm or injury. 7

5. The failure to provide was negligent.

“Negligent” means acting, or failing to act, in such a way that a reasonable

person would know or should know seriously endangers the physical, mental, or

emotional health of a child. 8

6. (Name of child)

(suffered death as a consequence). 9

(suffered great bodily harm as a consequence). 10

(suffered bodily harm as a consequence). 11

This requires that the defendant’s action or failure to take action caused (the

death of) (great bodily harm to) (bodily harm to) (name of child).

“Cause” means that the defendant’s act was a substantial factor in producing

the (death) (great bodily harm) (bodily harm). 12

[“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.) 13

[“Bodily harm” means physical pain or injury, illness, or any impairment of

physical condition.] 14

IF MORE THAN ONE PENALTY-DETERMINING FACT IS

SUPPORTED BY THE EVIDENCE, ADD ONE OR BOTH OF THE

FOLLOWING AS APPROPRIATE. 15

If you are not satisfied beyond a reasonable doubt that the defendant’s action

or failure to take action caused the death of (name of child), you should consider

whether the defendant’s action or failure to take action caused great bodily harm

to (name of child).

If you are not satisfied beyond a reasonable doubt that the defendant’s action

or failure to take action caused great bodily harm to (name of child), you should

consider whether the defendant’s action or failure to take action caused bodily

harm to (name of child).

Jury’s Decision

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