Wis JI-Criminal 2175

Statutory Definition of the Crime

Section 948.53 of the Criminal Code of Wisconsin is violated by a person responsible

for a child's welfare while the child is being transported in a child care vehicle who leaves

the child unattended at any time from the time the child is placed in the care of that

person to the time the child is placed in the care of another person responsible for the

child's welfare.

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 five elements

were present.

Elements of the Crime That the State Must Prove

1. (Name of child) was placed in the care of the defendant.

2. (Name of child) was being transported in a child care vehicle.

"Child care vehicle" means a vehicle that is owned or leased by a child care

provider or a contractor of the child care provider and that is used to transport

children to and from the child care provider. 1

"Child care provider" means [a child care center that is licensed under

section 48.65(1)] [a child care provider that is certified under section 48.651] [a

child care program that is established or contracted for under section

120.13(14)]. 2

3. The defendant was a person responsible for (name of child) 's welfare 3 while

(name of child) was being transported in a child care vehicle.

4. The defendant left (name of child) unattended before (name of child) was

placed in the care of another person responsible for the child's welfare.

5. (Name of child) had not attained the age of 18 years.

[Knowledge of (name of child) 's age is not required and mistake regarding

(name of child) 's age is not a defense. 4]

Jury's Decision

If you are satisfied beyond a reasonable doubt that all five 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.

ADD THE FOLLOWING IF THE DEFENDANT IS CHARGED WITH A

FELONY OFFENSE. 5

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

"Was (bodily harm) (great bodily harm) (death) a consequence of leaving (name

of child) unattended?"

["Bodily harm" means physical pain or injury, illness, or any impairment of

physical condition. 6]

["Great bodily harm" means 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. 7]

Before you may answer this question "yes," you must be satisfied beyond a

reasonable doubt that (bodily harm) (great bodily harm) (death) was a consequence of

leaving (name of child) unattended?

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