WI · jury_instructions
Wis JI-Criminal 2174
Compulsory School Attendance
Statutory Definition of the Crime
Section 118.15 of the Wisconsin Statutes is violated by a person who has under (his)
(her) control a child between the ages of 6 and 18 years and fails to cause the child to
attend school regularly during the full period and hours that the school is in session until
the end of the school term, quarter or semester of school year in which the child becomes
18 years of age.
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 had a child who was between the ages of 6 and 18 years under
(his)(her) control.
This requires that the defendant was a person who had the legal right and
duty to control the child, that is, the child's parent or guardian. 1
2. The defendant failed to cause the child to attend school regularly during the full
period and hours that the school is in session until the end of the school term,
quarter or semester of school year in which the child becomes 18 years of age.
"Regularly" means "constantly and uniformly." 2
USE THE FOLLOWING CLOSING IF THERE IS NO EVIDENCE OF THE
"DISOBEDIENCE" DEFENSE RECOGNIZED IN §118.15(5)(b)2. 3
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.
USE THE FOLLOWING CLOSING IF THERE IS EVIDENCE OF THE
"DISOBEDIENCE" DEFENSE RECOGNIZED IN §118.15(5)(b)2. 4
Consider Whether The Defense Is Proved
Wisconsin law provides that it is a defense to this crime if the defendant was unable
to comply with the law because of the disobedience of the child.
The burden is on the defendant to prove by evidence which satisfies you to a
reasonable certainty by the greater weight of the credible evidence that this defense is
established. 5
Evidence has greater weight when it has more convincing power that the evidence
opposed to it. Credible evidence is evidence which in the light of reason and common
sense is worthy of belief.6
Jury's Decision
If you are satisfied to a reasonable certainty by the greater weight of the credible
evidence that this defense is proved, you must find the defendant not guilty.
If you are not satisfied to a reasonable certainty by the greater weight of the credible
evidence that this defense is proved, and 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 satisfied that both elements of this offense have been proved, you must
find the defendant not guilty. 7
History
Wis JI-Criminal 2174 (2006). Release No. 44, 5/2006. © 2006, Regents, Univ. of Wis. 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
06c8d6de770dd3874857166c5c01008b618e2f27f51583c14c9dc08e9e99332f
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