Wis JI-Criminal 2154B

Statutory Definition of the Crime

Failing to report a child as missing to law enforcement, as defined in § 948.23(3) of

the Criminal Code of Wisconsin, is committed by a (parent) (stepparent) (guardian) (legal

custodian) of a child who fails to timely report the child as missing within (24 hours) (48

hours) (72 hours).

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 (three) elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant is the (parent) (stepparent) (guardian) (legal custodian) of (name of

child).

2. (Name of child) was (13 years old) (13 to under 16 years old) (16 years or older)

at the time (his) (her) status was “missing.”

“Missing” means absent without a reasonable explanation if the absence would

raise concern in a reasonable person for the child’s well-being.1

3. The defendant failed to notify law enforcement of (name of child)’s status as

missing within (24 hours) (48 hours) (72 hours).

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all three elements of this offense

have been proved, you should find the defendant guilty [and answer the following question

“yes” or “no”].2

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

ADD ONE OF THE FOLLOWING QUESTIONS IF A FELONY OFFENSE IS

CHARGED AND THE EVIDENCE WOULD SUPPORT A FINDING THAT A

PENALTY FACTOR SET FORTH IN § 948.23(3)(c) IS ESTABLISHED:3

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

[FOR CHARGES UNDER SUB. (3)(c)2.]

[Did (name of child) suffer bodily harm or substantial bodily harm while (he) (she)

was missing?

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

condition.4

“Substantial bodily harm” means bodily injury that causes [a laceration that requires

(stitches) (staples) (a tissue adhesive)] [any fracture of a bone] [a broken nose] [a burn] [a

petechia] [a temporary loss of consciousness, sight, or hearing] [a concussion] [a loss or

fracture of a tooth].5]

[FOR CHARGES UNDER SUB. (3)(c)3.]

[Did (name of child) suffer great bodily harm while (he) (she) was missing?

“Great bodily harm” means serious bodily injury.6 (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 is great bodily harm.)]

[FOR CHARGES UNDER SUB. (3)(c)4.]

[Did (name of child) die while (he) (she) was missing or as a result of an injury

(he) (she) suffered while missing.]

[CONTINUE WITH THE FOLLOWING IN ALL FELONY CASES:]

If you are satisfied beyond a reasonable doubt that (repeat the question), you should

answer the question “yes.”

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