Wis JI-Criminal 2612

Statutory Definition of the Crime

Section 343.05(3)(a) of the Wisconsin Statutes is violated by any person who

operates a motor vehicle 1 upon a highway of this state when that person knows that (he)

(she) does not hold a valid operator's license and causes (great bodily harm) (death).

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 operated a motor vehicle 2 upon a highway. 3

A motor vehicle is operated when it is set in motion. 4

2. The defendant knew that (he) (she) did not hold a valid operator's license at the

time the defendant operated the motor vehicle. 5

[(A cancelled) (An expired) license is not a valid license.] 6

3. The defendant's operation of the vehicle caused (great bodily harm) (death) to

(name of victim).

"Cause" means that the defendant's act was a substantial factor in producing

the (great bodily harm) (death). 7

["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.] 8

Deciding About Knowledge

You cannot look into a person's mind to find knowledge. Knowledge must be found,

if found at all, from the defendant's acts, words, and statements, if any, and from all the

facts and circumstances in this case bearing upon knowledge.

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.