WI · jury_instructions
Wis JI-Criminal 2623C
Operating While Revoked: Criminal Offense: Causing Great Bodily Harm or Death
Statutory Definition of the Crime
Section 343.44 of the Wisconsin Statutes is violated by one who operates a motor
vehicle upon any highway in this state while that person's operating privilege is duly
revoked 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 1 on a highway. 2
A motor vehicle is operated when it is set in motion. 3
2. The defendant's operating privilege 4 was duly revoked at the time the defendant
operated a motor vehicle.
[A person's operating privilege remains revoked until it is reinstated.] 5
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). 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
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.
ADD THE FOLLOWING IF THE OFFENSE WAS CHARGED AS A
CLASS I OR H FELONY AND THERE IS EVIDENCE THAT THE
PENALTY-INCREASING FACT IS PRESENT. 8
If you find the defendant guilty, you must answer the following question:
Did the defendant know at the time of the violation that (his) (her) operating
privilege was revoked?
Before you may answer the question "yes," you must be satisfied beyond a
reasonable doubt that the answer is "yes."
If you are not so satisfied, you must answer the question "no."
History
Wis JI-Criminal 2623C (2018). Release No. 56, 7/2018. © 2018, 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
185e565871b96f369ae22996ebad9858e8945a21821daf4b103db234745275c3
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