Wis JI-Criminal 950

[AFTER THE ELEMENTS OF THE CRIME, BUT BEFORE THE

CONCLUDING PARAGRAPHS, ADD THE FOLLOWING.]

Defense of Reasonable Discipline

Discipline of a child is an issue in this case.

The State must prove by evidence which satisfies you beyond a reasonable doubt that

the defendant did not act reasonably in the discipline of a child.

The law allows a person responsible for the child’s welfare2 to use reasonable force to

discipline that child.3 Reasonable force is that force which a reasonable person would

believe is necessary.4

Whether a reasonable person would have believed that the amount of force used was

necessary and not excessive must be determined from the standpoint of the defendant at

the time of the defendant’s acts. The standard is what a person of ordinary intelligence and

prudence would have believed in the defendant’s position under the circumstances that

existed at the time of the alleged offense.5

In determining whether the discipline was or was not reasonable, you should consider

the age, physical and mental condition and disposition of the child, the conduct of the child,

the nature of the discipline, and all the surrounding circumstances.6 It is never reasonable

discipline to use force which is intended to cause great bodily harm or death or which

creates an unreasonable risk of great bodily harm or death.7

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all ____ elements of this offense8

have been proved and that the defendant did not act reasonably in the discipline of (name

child), you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.