Wis JI-Criminal 2171

Statutory Definition of the Crime

Contributing to the delinquency of a child, as defined in § 948.40(2) of the Criminal

Code of Wisconsin, is committed by any person who is responsible for the child’s welfare

and who contributes to the delinquency of a child by disregard of the welfare 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 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 was responsible for the welfare of (name of child).

A “person responsible for the child’s welfare” includes (use the appropriate

term from § 948.01(3)).4

3. The defendant contributed to the delinquency of (name of child) by disregard of

the child’s welfare.

Meaning of “Delinquency”

Delinquency is any violation of state criminal law by a child.5

Committing (name crime) violates state criminal law.

The crime of (name crime) is committed by one who

LIST THE ELEMENTS OF THE ALLEGED CRIME AS IDENTIFIED

IN THE UNIFORM INSTRUCTION. ADD DEFINITIONS FROM

THE UNIFORM INSTRUCTION AS NECESSARY.6

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.]7

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.