WI · jury_instructions
Wis JI-Criminal 2177A
Sale, Loan, or Gift of a Firearm to a Child: Death Caused
Statutory Definition of the Crime
Section 948.60(2)(c) of the Criminal Code of Wisconsin is violated by any person
who intentionally sells, loans, or gives a firearm 1 to a child if the child discharges the
firearm and causes death to that child or another.
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 four elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant intentionally (sold) (loaned) (gave) a loaded or unloaded firearm
to (name of child).
"Intentionally" means that the defendant had the purpose to (sell) (loan)
(give) a firearm to (name of child). 2
The term "firearm" means a weapon that acts by force of gunpowder. 3
2. (Name of child) had not attained the age of 18 years 4 at the time the defendant
allegedly (sold) (loaned) (gave) (him) (her) a firearm.
Knowledge of (name of child) 's age is not required 5 and mistake regarding
age is not a defense. 6
3. (Name of child) discharged the firearm and had not attained the age of 18 years
at the time.
To "discharge a firearm" simply means to shoot a gun. 7
4. The discharge of the firearm caused the death of [(name of child)] [another
person].
"Cause" means that the discharging of the firearm was a substantial factor in
producing the death. 8
Jury's Decision
If you are satisfied beyond a reasonable doubt that all four 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 2177A (2009). Release No. 47, 5/2009. © 2009, 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
f4ab95863c7de39a190419af8703d47c8ea444497cd6a63e211962039ee97345
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