Wis JI-Criminal 983

THE FOLLOWING INSTRUCTION SHOULD BE GIVEN IMMEDIATELY

AFTER THE INSTRUCTION ON THE OFFENSE CHARGED.

The information 1 alleges not only that the defendant committed the crime of (identify

crime) but also that the crime was an act of domestic abuse committed during the 72 hours

immediately following the defendant's arrest for a domestic abuse incident.

If you find the defendant guilty, you must answer the following question:

"Was the crime of (identify crime) an act of domestic abuse and did the defendant

commit it during the 72 hours immediately following an arrest for a domestic abuse

incident?"

Before you may answer this question "yes," you must find the following beyond a

reasonable doubt:

(1) that the defendant was previously arrested for a domestic abuse incident;

(2) that the crime of (identify crime) charged in this case was an act of domestic abuse;

and

(3) that the defendant committed the crime of (identify crime) charged in this case

during the 72 hours immediately following the previous arrest. 2

For a crime to constitute an act of "domestic abuse" two things are required.

First, it must involve

SELECT THE ALTERNATIVES SUPPORTED BY THE EVIDENCE: 3

[intentional infliction of physical pain, physical injury, or illness.]

[intentional impairment of physical condition.]

[(first) (second) (third) degree sexual assault.] 4

[a physical act that may cause the other person reasonably to fear imminent engagement

in (identify conduct described under § 968.075(1)(a) 1., 2., or 3.)].

Second, it must have been engaged in by an adult person (against his or her spouse or

former spouse) (against an adult with whom the person resided or had formerly resided)

(against an adult with whom the person has a child in common).

ADD THE FOLLOWING IF RAISED BY THE EVIDENCE

[The victim of the domestic abuse crime charged in this case does not have to be the

same as the victim of the domestic abuse incident that resulted in the previous arrest.] 5

If you are satisfied beyond a reasonable doubt that the crime of (identify crime) was an

act of domestic abuse and that the defendant committed it during the 72 hours immediately

following an arrest for a domestic abuse incident, you should answer the question "yes."

If you are not so satisfied, you must answer the question "no."