Wis JI-Criminal 925

"Criminal negligence" means: 1

• the conduct created a risk of death or great bodily harm; and

• the risk of death or great bodily harm was unreasonable and substantial; and

• the defendant should have been aware that (his) (her) conduct created the

unreasonable and substantial risk of death or great bodily harm.

THE COMMITTEE BELIEVES THE ABOVE IS SUFFICIENT IN MOST CASES.

IF REFERENCE TO ORDINARY NEGLIGENCE IS BELIEVED TO BE HELPFUL

OR NECESSARY, CONTINUE WITH THE FOLLOWING. 2

Criminal negligence is ordinary negligence to a high degree. Ordinary negligence exists

when a person creates an unreasonable risk of harm to another by failing to exercise ordinary

care. Ordinary care is the amount of care which a reasonable person exercises under similar

circumstances. Negligence does not require that the person be aware of the risk of harm that

his or her conduct creates; it is sufficient that a reasonable person in the same circumstances

would be aware of that risk. 3

Criminal negligence differs from ordinary negligence in two respects. First, the conduct

must create a risk not only of some harm but also of serious harm – that is, of death or great

bodily harm. Second, the risk of that harm must not only be unreasonable, it also must be

substantial. Therefore, for the defendant's conduct to constitute criminal negligence, the

defendant should have realized that the conduct created a substantial and unreasonable risk of

death or great bodily harm to another. 4

IF EVIDENCE OF VIOLATION OF A SAFETY STATUTE HAS BEEN

RECEIVED, 5 ADD THE FOLLOWING:

[Evidence has been received that the defendant violated section ________ of the

Wisconsin Statutes, which provides that

Violating this statute does not necessarily constitute criminal negligence. You may

consider this along with all the other evidence in determining whether the defendant's

conduct constituted criminal negligence.]