Wis JI-Criminal 2670

Statutory Definition of the Crime

Section 346.67 of the Wisconsin Statutes is violated when the operator of any vehicle

involved in an accident on a highway 1 fails to reasonably investigate what was struck and

if the operator knows or has reason to know that the accident resulted in (injury to a

person) (death of a person) (damage to a vehicle driven or attended by a person) fails to

stop the vehicle he or she is operating as close to the scene of the accident as possible and

remain at the scene of the accident until the operator has given information (and rendered

reasonable assistance to any person injured in the accident).

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 operated a vehicle involved in an accident 2 on a highway. 3

A vehicle 4 is operated when it is set in motion. 5

2. The defendant knew that the vehicle (he) (she) operated was involved in an

accident on a highway. 6

3. The defendant violated a duty after being involved in an accident. A driver who

is involved in an accident has two duties. 7

The State is required to satisfy you beyond a reasonable doubt that the

defendant violated at least one of the two duties but you are not required to agree

as to which duty was violated.

The first duty is to reasonably investigate what was struck.

The second duty is that a driver involved in an accident involving a person or

an attended vehicle must stop and provide information and render aid. To prove

a violation of this duty, the State must prove the following beyond a reasonable

doubt:

• that the defendant knew or had reason to know that the vehicle (he) (she) was

operating was involved in an accident involving (a person) (an attended vehicle)

and that the accident resulted in (injury 8 to a person) (death of a person) (damage

to a vehicle driven or attended by a person); and,

• that the defendant did not immediately stop (his) (her) vehicle as close to the

scene of the accident as possible and remain at the scene until (he) (she) had

done all the following:

(a) Gave (his) (her) name, address, and the registration number of the

vehicle (he) (she) was driving to (the person struck) (the operator or

occupant of or person attending any vehicle collided with); 9 and

(b) If it was requested and was available, exhibited (his) (her) operator's

license to (the person struck) (the operator or occupant of or person attending

any vehicle collided with)[; and 10

(c) Rendered reasonable assistance to any person 11 injured in the accident

including the transporting or making arrangements to transport the person to

a physician, surgeon, or hospital for medical or surgical treatment if it is

apparent that medical or surgical treatment is necessary or is requested by the

injured person].

4. The defendant was physically capable of complying with these

requirements. 12

Deciding About Knowledge

You cannot look into a person's mind to find knowledge. What a person knows or

has reason to know 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 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.

ADD THE FOLLOWING IF ONE OF THE MORE SERIOUS OFFENSES

IDENTIFIED IN SEC. 346.74(5)(b),(c), OR (d) IS CHARGED AND THE

EVIDENCE WOULD SUPPORT A FINDING THAT THE FACT

INCREASING THE PENALTY WAS PRESENT: 13

[If you find the defendant guilty, you must answer the following question(s):

("Did the accident involve injury to a person?") 14

(Did the accident involve injury to a person and did the person suffer great bodily

harm?"

"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.) 15

("Did the accident involve death to a person?") 16

Before you may answer "yes," you must be satisfied beyond a reasonable doubt that

the answer to that question is "yes."]