WI · jury_instructions
Wis JI-Criminal 2170A
Contributing to the Delinquency of a Child: Death as a Consequence
Statutory Definition of the Crime
Contributing to the delinquency of a child, as defined in § 948.40(1) of the Criminal
Code of Wisconsin, is committed by any person who intentionally encourages or
contributes to the delinquency of a child where death is a consequence.
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. (Name of child) was under the age of 18 years.1
Knowledge of (name of child)’s age by the defendant is not required2 and
mistake regarding (name of child)’s age is not a defense.3
2. The defendant intentionally encouraged or contributed to the delinquency of
(name of child).
3. Death of (name of child)4 was a consequence of intentionally encouraging or
contributing to the delinquency of (name of child).
This requires that the defendant’s contributing to the delinquency of (name of
child) was a substantial factor in producing the death of (name of child).5
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.
Meaning of “Intentionally Encourage or Contribute”
The term “intentionally encourages or contributes” means that the defendant either had
a purpose to encourage or contribute to delinquency or was aware that (his) (her) conduct
was practically certain to cause that result.6
Meaning of “Delinquency”
Delinquency is any violation of state criminal law by a child.7
Committing (name crime) violates state criminal law.
The crime of (name crime) is committed by one who
LIST THE ELEMENTS OF THE INTENDED CRIME AS DEFINED
IN THE UNIFORM INSTRUCTION. ADD DEFINITIONS FROM
THE UNIFORM INSTRUCTIONS AS NECESSARY.8
ADD THE FOLLOWING IF SUPPORTED BY THE EVIDENCE.
[It is not required that the child actually commit a delinquent act. A defendant’s
conduct contributes to the delinquency of a child if the natural and probable consequences
of that conduct would be to cause the child to commit a delinquent act.]9
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.
If you are not so satisfied, you must find the defendant not guilty.
History
Wis JI-Criminal 2170A (1/2023). Release No. 61. Wisconsin Court System, 1/2023. 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
eecce50e9fc4eb310ed05c3ae43aa17a079255707dd275881e3a2ee5ee348de7
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