WI · jury_instructions
Wis JI-Criminal 2185
Recklessly Storing a Firearm
Statutory Definition of the Crime
Section 948.55(2) of the Criminal Code of Wisconsin is violated by any person who
recklessly stores or leaves a loaded firearm within the reach or easy access of a child and
the child obtains the firearm without the lawful permission of his or her parent or
guardian or the person having charge of the child and the child discharges the firearm and
the discharge causes bodily harm or death to himself, herself, 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 three elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant recklessly stored or left a loaded firearm within the reach or easy
access of a child.
"Child" means a person who has not attained the age of 14 years. 1
A "firearm" is a weapon that acts by force of gunpowder. 2
"Recklessly" means that the defendant's storing or leaving of the firearm
created an unreasonable and substantial risk of death or great bodily harm to
another human being and the defendant was aware of that risk. 3
2. A child obtained the firearm without the lawful permission of his or her parent or
guardian or the person having charge of the child.
3. The child discharged the firearm and the discharge caused (bodily harm) (death)
to (the child) (another person). 4
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 2185 (2013). Release No. 51, 4/2013. © 2013, 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
d992702b80b92a48a376810d9add2b88f58d949c5e95420788efa7eadad61c06
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