WI · jury_instructions
Wis JI-Criminal 2154A
Concealing the death of child - 948.23(1)(a)
Statutory Definition of the Crime
Concealing the death of a child, as defined in § 948.23(1)(a) of the Criminal Code of
Wisconsin, is committed by any person who conceals the corpse of any issue of a woman's
body with intent to prevent a determination of whether it was born dead or alive.
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 concealed the corpse of any issue of a woman’s body.
2. The defendant concealed the corpse with intent to prevent a determination of
whether it was born dead or alive.
“With intent to” means that the defendant had the purpose to prevent a
determination of whether the corpse was born dead or alive or was aware that (his)
(her) conduct was practically certain to cause that result.1
Deciding About Intent
You cannot look into a person’s mind to find intent. Intent must be found, if found at
all, from the defendant’s acts, words, and statements, if any, and from all the facts and
circumstances in this case bearing upon intent.
Jury’s Decision
If you are satisfied beyond a reasonable doubt that both 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.
History
Wis JI-Criminal 2154A (2/2025). Release No. 67. Wisconsin Court System, 2/2025. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
47a32be64476080419e15c252cfef40e7f7aaeb0cb88a170e541c6290f676663
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