Wisconsin Statutory Elements Chapter 940 - Wisconsin State Law Library

Wisconsin Statutory Elements

Chapter 940 Crimes Against Life and Bodily Security

The Wisconsin Statutory Elements is a compilation of criminal statutory components, organized by Wisconsin statute chapter and enhanced with definitions of frequently referenced terms, and links to Wisconsin Criminal Jury Instructions. This information on this page is edited and arranged by the Wisconsin Court System's Office of Judicial Education. The information provided on this website should not be construed as legal advice and is meant for informational purposes only. Please note that this information may not be up to date. For more information about this resource, contact Bryce Pierson by email or phone at (608) 266-7807.

§ 940.01(1) First-degree intentional homicide

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused the death of another human being with the intent to kill that person or another, without the presence of mitigating circumstances as defined in subsection (2).

Elements of the Offense

Causes Death: The defendant must have caused the death of another human being.
Intent: The defendant must have acted with the intent to kill either the person who died or another person.
No Mitigating Circumstances: The act must not be mitigated by adequate provocation, unnecessary defensive force, prevention of felony, or coercion; necessity.

Jury Instruction

Wis JI-Criminal 1010

§ 940.01(1)(a) Attempted first-degree intentional homicide

Summary

To be guilty of this offense, the prosecution must prove that the defendant took substantial steps toward causing the death of another human being with the intent to kill that person or another, without the presence of mitigating circumstances as defined in subsection (2).

Elements of the Offense

Substantial Steps: The defendant must have taken substantial steps toward causing the death of another human being.
Intent: The defendant must have acted with the intent to kill either the intended victim or another person.
No Mitigating Circumstances: The attempt must not be mitigated by adequate provocation, unnecessary defensive force, prevention of felony, or coercion; necessity.

Jury Instruction

Wis JI-Criminal 1070

§ 940.02(1) First-degree reckless homicide

Summary

To be guilty of this offense, the prosecution must prove that the defendant recklessly caused the death of another human being and that the defendant’s actions were under circumstances demonstrating utter disregard for human life.

Elements of the Offense

Recklessly Causing Death: The defendant must have recklessly caused the death of another human being.
Utter Disregard for Human Life: The defendant’s actions must have been under circumstances that show utter disregard for human life.

Jury Instruction

Wis JI-Criminal 1020

§ 940.02(2) First-degree reckless homicide (“Len Bias law”)

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused the death of another human being by either manufacturing, distributing, delivering, or administering certain controlled substances in violation of s. 961.41, and that the use of such substances resulted in the death of the individual.

Elements of the Offense

Involvement with Controlled Substances: The defendant must have manufactured, distributed, or delivered a controlled substance from schedule I or II, a controlled substance analog, ketamine, or flunitrazepam in violation of s. 961.41.* This requires that the use of the controlled substance was a substantial factor in causing the death.
Controlled Substance: The substance alone or mixed with other substances contained a controlled substance.
Knowledge: The defendant knew or believed that the substance alone or mixed with other substances contained a controlled substance.*
Substance Use: The victim must have used the substance manufactured, distributed, or delivered by the defendant or a person to whom the defendant transferred possession.
Death Resulting from Substance Use: The victim’s death must result from the use of the controlled substance, whether it was taken by itself or mixed with other compounds. This requires that the use of the controlled substance was a substantial factor in causing the death.

Jury Instruction

Wis JI-Criminal 1021

* Each person who transferred possession of the substance has “delivered” it.

*For offenses under § 961.41, the defendant must know that the substance was a controlled substance. State v. Christel, 61 Wis.2d 143, 211 N.W.2d 801 (1973). Knowledge of the precise chemical name is not required. Lunde v. State, 85 Wis.2d 80, 270 N.W.2d 180 (1978).

§ 940.03 Felony murder - underlying crime completed

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused the death of another human being while committing or attempting to commit one of the specified felonies.

Elements of the Offense

Causes Death: The defendant must have caused the death of another human being.
While Committing or Attempting to Commit a Specified Felony: The death must have occurred while the defendant was committing or attempting to commit one of the following felonies:

§ 940.225(1) — First-degree sexual assault
§ 940.225(2)(a) — Second-degree sexual assault (by use or threat of force or violence)
§ 940.30 — False imprisonment
§ 940.31 — Kidnapping
§ 940.60 — Battery; special circumstances (Class E felony)
§ 940.61 — Battery; special circumstances (Class D felony)
§ 940.62 — Battery; special circumstances (Class H and Class I felonies)
§ 940.65 — Battery; special circumstances (Class G felony)
§ 943.02 — Arson of buildings; explosions
§ 943.10(2) — Burglary (as a Class C felony)
§ 943.231(1) — Vehicular burglary (as a Class I felony)
§ 943.32(2) — Robbery (with use or threat of force)
§ 947.016(1), (2), or (3) — Making terroristic threats
§ 940.19, 2023 stats. — Battery (prior law)
§ 940.195, 2023 stats. — Battery to an unborn child (prior law)
§ 940.20, 2023 stats. — Battery by prisoners (prior law)
§ 940.201, 2023 stats. — Battery to witnesses (prior law)
§ 940.203, 2023 stats. — Battery to judges (prior law)
§ 940.204, 2023 stats. — Battery to law enforcement officers (prior law)

Jury Instruction

Wis JI-Criminal 1030
Wis JI-Criminal 1031

§ 940.05(1) Second-degree intentional homicide

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused the death of another human being with intent to kill that person or another.

Elements of the Offense

Causes Death: The defendant must have caused the death of another human being.
Intent: The defendant must have acted with the intent to kill the victim or another person.

Jury Instruction

Wis JI-Criminal 1050

§ 940.06(1) Second-degree reckless homicide

Summary

To be guilty of this offense, the prosecution must prove that the defendant recklessly caused the death of another human being.

Elements of the Offense

Causes Death: The defendant must have caused the death of another human being.
Recklessness: The defendant must have acted recklessly.

Jury Instruction

Wis JI-Criminal 1060
Wis JI-Criminal 1060A

§ 940.08(1) Homicide by negligent handling of a dangerous weapon, explosives, or fire

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused the death of another human being by negligently operating or handling a dangerous weapon, explosives, or fire.

Elements of the Offense

Causes Death: The defendant must have caused the death of another human being.
Negligent Operation or Handling: The defendant must have operated or handled a dangerous weapon, explosives, or fire in a negligent manner.
Involvement of a Dangerous Weapon, Explosives, or Fire: The death must have resulted from the negligent handling or operation of one of these specific dangers.

Jury Instruction

Wis JI-Criminal 1175

§ 940.09(1)(a) Homicide by operation of a vehicle while under the influence

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused the death of another human being by operating or handling a vehicle while under the influence of an intoxicant.

Elements of the Offense

Causes Death: The defendant must have caused the death of another human being.
Operation or Handling of a Vehicle: The defendant must have been operating or handling a vehicle at the time of the incident.
Under the Influence of an Intoxicant: The defendant must have been under the influence of an intoxicant while operating or handling the vehicle.

Jury Instruction

Wis JI-Criminal 1185
Wis JI-Criminal 1189

§ 940.09(1)(am) Homicide by operation of a vehicle while the person has a detectable amount of a restricted controlled substance

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused the death of another human being by operating or handling a vehicle while having a detectable amount of a restricted controlled substance in their blood.

Elements of the Offense

Causes Death: The defendant must have caused the death of another human being.
Operation or Handling of a Vehicle: The defendant must have been operating or handling a vehicle at the time of the incident.
Detectable Amount of a Restricted Controlled Substance: The defendant must have had a detectable amount of a restricted controlled substance in their blood while operating or handling the vehicle.

Jury Instruction

Wis JI-Criminal 1187

§ 940.09(1)(b) Homicide by operation of a vehicle with a prohibited alcohol concentration

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused the death of another human being by operating or handling a vehicle while having a prohibited alcohol concentration, as defined in s. 340.01(46m).

Elements of the Offense

Causes Death: The defendant must have caused the death of another human being.
Operation or Handling of a Vehicle: The defendant must have been operating or handling a vehicle at the time they caused the death of another human being.
Prohibited Alcohol Concentration: The defendant must have had a prohibited alcohol concentration in their blood or breath, as defined in s. 340.01(46m) at the time they operated or handled the vehicle.

Jury Instruction

Wis JI-Criminal 1186
Wis JI-Criminal 1186A
Wis JI-Criminal 1189

§ 940.09(1g)(a) Homicide by operation or handling of a firearm or airgun while under the influence

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused the death of another human being by operating or handling a firearm or airgun while under the influence of an intoxicant.

Elements of the Offense

Causes Death: The defendant must have caused the death of another human being.
Operation or Handling of a Firearm or Airgun: The defendant must have been operating or handling a firearm or airgun at the time they caused the death of another human being.
Under the Influence of an Intoxicant: The defendant must have been under the influence of an intoxicant, at the time they operated or handled the firearm or airgun.

Jury Instruction

Wis JI-Criminal 1190

§ 940.09(1g)(b) Homicide by operation or handling of a firearm or airgun with an alcohol concentration of 0.08 or More

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused the death of another human being by operating or handling a firearm or airgun while having an alcohol concentration of 0.08 or more.

Elements of the Offense

Causes Death: The defendant must have caused the death of another human being.
Operation or Handling of a Firearm or Airgun: The defendant must have been operating or handling a firearm or airgun at the time they caused the death of another human being.
Prohibited Alcohol Concentration: The defendant must have had an alcohol concentration of 0.08 or more at the time they operated or handled the firearm or airgun.

Jury Instruction

Wis JI-Criminal 1191

§ 940.10(1) Homicide by negligent operation of a vehicle

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused the death of another human being through the negligent operation or handling of a vehicle.

Elements of the Offense

Causes Death: The defendant must have caused the death of another human being.
Negligent Operation or Handling of a Vehicle: The defendant must have been operating or handling a vehicle in a negligent manner.
Involvement of a Vehicle: The death must have resulted from the negligent operation or handling of a vehicle, such as a car, truck, or other motor vehicle.

Jury Instruction

Wis JI-Criminal 1170

§ 940.11(1) Mutilating a corpse

Summary

To be guilty of this offense, the prosecution must prove that the defendant mutilated, disfigured, or dismembered a corpse with the intent to conceal a crime or avoid apprehension, prosecution, or conviction for a crime.

Elements of the Offense

Mutilation, Disfigurement, or Dismemberment: The defendant must have mutilated, disfigured, or dismembered a human corpse.
Intent: The defendant must have acted with the intent to either:
- Conceal a crime, or
- Avoid apprehension, prosecution, or conviction for a crime.

Jury Instruction

Wis JI-Criminal 1193

§ 940.11(2) Hiding or burying a corpse

Summary

To be guilty of this offense, the prosecution must prove that the defendant hid or buried a corpse with the intent to conceal a crime, avoid apprehension, prosecution, or conviction, or with the intent to collect benefits under certain public assistance programs.

Elements of the Offense

Hiding or Burying a Corpse: The defendant must have hidden or buried a corpse.
Intent: The defendant must have acted with the intent to either:
- Conceal a crime, or
- Avoid apprehension, prosecution, or conviction for a crime.
Intent (Alternative Intent): Alternatively, the defendant must have acted with the intent to collect benefits under certain public assistance programs, including:
- Assistance programs for families with dependent children (ss. 49.141 to 49.161),
- Medical Assistance programs (subch. IV of ch. 49), or
- The food stamp program, as defined in s. 49.79(1)(c).

Jury Instruction

Wis JI-Criminal 1194

§ 940.12 Assisting Suicide

Summary

To be guilty of this offense, the prosecution must prove that the defendant, with the intent that another person takes their own life, assisted that person in committing suicide.

Elements of the Offense

Intent: The defendant must have acted with the intent that another person take their own life.
Assisting Suicide: The defendant must have provided some form of assistance to the person in committing or attempting to commit suicide.
Resulting Action: The assistance must have been aimed at facilitating the person’s suicide, regardless of whether the suicide attempt was completed.

Jury Instruction

Wis JI-Criminal 1195

§ 940.21 Mayhem

Summary

To be guilty of this offense, the prosecution must prove that the defendant, with intent to disable or disfigure another person, intentionally cut or mutilated a part of the victim’s body.

Elements of the Offense

Intent to Disable or Disfigure: The defendant must have acted with the intent to disable or disfigure the victim.
Cutting or Mutilating a Bodily Member: The defendant must have cut or mutilated the tongue, eye, ear, nose, lip, limb, or other bodily member of the victim.
Great Bodily Harm: The cutting or mutilation caused great bodily harm to the person harmed.*

Jury Instruction

Wis JI-Criminal 1246

* Kirby v. State, 86 Wis.2d 292, 301, 272 N.W.2d 113 (Ct. App. 1978):

Although at common law mayhem required proof of mutilation or dismemberment that affected one’s combat ability, the statutory enactments creating the crime have not required such extensive mutilation or disfigurement. Nonetheless, “cuts or mutilates” as used in the statute requires proof of an act of greater severity than a mere nick with a knife. We believe that “cutting or mutilation,” a statutory element of mayhem, requires an injury that constitutes “great bodily harm” as interpreted in LaBarge [74 Wis.2d 327, 246 N.W.2d 794 (1976)] and required as an element of injury by conduct regardless of life.

§ 940.22 Sexual exploitation by therapist

Summary

To be guilty of this offense, the prosecution must prove that the defendant, who is or holds themselves out to be a therapist, had sexual contact with a patient or client during an ongoing therapist-patient or therapist-client relationship.

Elements of the Offense

Therapist Status: The defendant must be or hold themselves out to be a therapist.
Ongoing Therapist-Patient or Therapist-Client Relationship: The defendant must have had an ongoing therapist-patient or therapist-client relationship with the victim at the time of the offense.
Sexual Contact: The defendant must have intentionally had sexual contact with the patient or client.
Timing: The sexual contact must have occurred during the ongoing therapist-patient or therapist-client relationship, regardless of whether it happened during treatment, consultation, interview, or examination.

Jury Instruction

Wis JI-Criminal 1248

§ 940.225(1)(a) First degree sexual assault: sexual contact or intercourse without consent causing great bodily harm or pregnancy

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual contact or sexual intercourse with another person without their consent and caused pregnancy or great bodily harm to the victim as a result.

Elements of the Offense

Sexual Contact or Sexual Intercourse: The defendant had sexual contact or sexual intercourse with the victim. Sexual contact involves intentional touching of intimate parts, either directly or through clothing, for the purpose of sexual gratification, arousal, humiliation, or degradation.
Without Consent: The sexual contact or intercourse occurred without the victim’s consent.
Causing Pregnancy or Great Bodily Harm: As a result of the sexual contact or intercourse, the victim must have:

Become pregnant, or
Suffered great bodily harm.

Jury Instruction

Wis JI-Criminal 1201
Wis JI-Criminal 1201A
Wis JI-Criminal 1201B

§ 940.225(1)(b) First degree sexual assault: sexual contact without consent by use or threat of a dangerous weapon

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual contact with another person without that person’s consent; that the defendant acted with intent to become sexually aroused or gratified, to sexually degrade or humiliate the victim, or to cause bodily harm to the victim; and that the defendant used or threatened to use a dangerous weapon, or an article used or fashioned in a manner to lead the victim reasonably to believe it was a dangerous weapon, to compel the victim to submit to the sexual contact.

Elements of the Offense

Sexual Contact: The defendant must have had sexual contact with the victim.
Without Consent: The sexual contact must have occurred without the victim’s consent.
Use or Threat of a Dangerous Weapon: The defendant must have used or threatened to use a dangerous weapon during the assault, or the defendant must have used an article in a manner that led the victim to reasonably believe it was a dangerous weapon.
Intent: The defendant acted with intent to (become sexually aroused or gratified) (sexually degrade or humiliate the victim) (cause bodily harm to the victim).

Jury Instruction

Wis JI-Criminal 1203

* In State v. Jipson, 2003 WI App 222, ¶¶9–10 & n.4, 267 Wis. 2d 467, 671 N.W.2d 18, the court held that, before accepting a guilty or no-contest plea to a sexual assault charge, the circuit court must ensure that the defendant understands the complete statutory definition of “sexual contact,” including its purpose element. In response, and consistent with the Court of Appeals’ recommendation in State v. Goth, 2024 WI App 74, the Committee revised the instruction to present the purpose requirement as a separate, standalone element.

§ 940.225(1)(b) First degree sexual assault: sexual intercourse without consent by use or threat of a dangerous weapon

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual intercourse with another person without that person’s consent and did so by using or threatening to use a dangerous weapon, or by using or threatening to use an article used or fashioned in a manner to lead the victim reasonably to believe it was a dangerous weapon, to compel the victim to submit to the sexual intercourse.

Elements of the Offense

Sexual Intercourse: The defendant must have had sexual intercourse with the victim.
Without Consent: The sexual intercourse must have occurred without the victim’s consent.
Use or Threat of a Dangerous Weapon: The defendant must have used or threatened to use a dangerous weapon, or used or threatened to use an article used or fashioned in a manner to lead the victim reasonably to believe it was a dangerous weapon, to compel the victim to submit to the sexual intercourse.

Jury Instruction
Wis JI-Criminal 1203A

§ 940.225(1)(c) First degree sexual assault: sexual contact without consent by use or threat of force or violence while aided and abetted

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual contact with another person without that person’s consent; that the defendant acted with intent to become sexually aroused or gratified, to sexually degrade or humiliate the victim, or to cause bodily harm to the victim; that the sexual contact occurred by use or threat of force or violence; and that the defendant was aided and abetted by one or more other persons.

Elements of the Offense

Sexual Contact: The defendant had sexual contact with the victim.
Intent: The defendant acted with intent to become sexually aroused or gratified, to sexually degrade or humiliate the victim, or to cause bodily harm to the victim.*
Without Consent: The victim did not consent to the sexual contact.
Use or Threat of Force or Violence: The defendant had sexual contact with the victim by use or threat of force or violence. The use or threat of force or violence may occur before or as part of the sexual contact.
Aided and Abetted by Others: The defendant was aided and abetted by one or more other persons.

Jury Instruction

Wis JI-Criminal 1205

§ 940.225(1)(c) First degree sexual assault: sexual intercourse without consent by use or threat of force or violence while aided and abetted

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual intercourse with another person without that person’s consent; that the sexual intercourse occurred by use or threat of force or violence; and that the defendant was aided and abetted by one or more other persons.

Elements of the Offense

Sexual Intercourse: The defendant had sexual intercourse with the victim.
Without Consent: The victim did not consent to the sexual intercourse.
Use or Threat of Force or Violence: The defendant had sexual intercourse with the victim by use or threat of force or violence. The use or threat of force or violence may occur before or as part of the sexual intercourse.
Aided and Abetted by Others: The defendant was aided and abetted by one or more other persons.

Jury Instruction

Wis JI-Criminal 1205A

§ 940.225(2)(a) Second degree sexual assault: sexual contact without consent by use or threat of force or violence

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual contact with another person without that person’s consent; that the defendant acted with intent to become sexually aroused or gratified, to sexually degrade or humiliate the victim, or to cause bodily harm to the victim; and that the sexual contact occurred by use or threat of force or violence.

Elements of the Offense

Sexual Contact or Sexual Intercourse: The defendant had sexual contact with the victim.
Intent: The defendant acted with intent to become sexually aroused or gratified, to sexually degrade or humiliate the victim, or to cause bodily harm to the victim.*
Without Consent: The victim did not consent to the sexual contact.
Use or Threat of Force or Violence: The defendant had sexual contact with the victim by use of threat of force or violence. The use or threat of force or violence may occur before or as part of the sexual contact.

Jury Instruction

Wis JI-Criminal 1208

§ 940.225(2)(a) Second degree sexual assault: sexual intercourse without consent by use or threat of force or violence

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual intercourse with another person without that person’s consent and did so by use or threat of force or violence.

Elements of the Offense

Sexual Intercourse: The defendant had sexual intercourse with the victim.
Without Consent: The sexual intercourse occurred without the victim’s consent.
Use or Threat of Force or Violence: The defendant had sexual intercourse with the victim by use or threat of force or violence. The use or threat of force or violence may occur before or as part of the sexual intercourse.

Jury Instruction

Wis JI-Criminal 1208A

§ 940.225(2)(b) Second degree sexual assault: sexual contact without consent causing injury, illness, disease or impairment or a sexual or reproductive organ, or mental anguish requiring psychiatric care

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual contact with another person without their consent, and that the assault caused injury, illness, disease, or impairment of a sexual or reproductive organ, or caused mental anguish requiring psychiatric care for the victim.

Elements of the Offense

Sexual Contact: The defendant must have had sexual contact with the victim.
Intent: The defendant acted with intent to (become sexually aroused or gratified) (sexually degrade or humiliate the victim) (cause bodily harm to the victim).*
Without Consent: The sexual contact must have occurred without the victim’s consent.
Causing Harm: The sexual assault must have caused one of the following:

Injury, illness, disease, or impairment of a sexual or reproductive organ, or
Mental anguish requiring psychiatric care for the victim.

Jury Instruction

Wis JI-Criminal 1209

§ 940.225(2)(b) Second degree sexual assault: sexual intercourse without consent causing injury, illness, disease or impairment or a sexual or reproductive organ, or mental anguish requiring psychiatric care

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual intercourse with another person without their consent, and that the assault caused injury, illness, disease, or impairment of a sexual or reproductive organ, or caused mental anguish requiring psychiatric care for the victim.

Elements of the Offense

Sexual Intercourse: The defendant must have had sexual intercourse with the victim.
Without Consent: The sexual intercourse must have occurred without the victim’s consent.
Causing Harm: The sexual intercourse caused one of the following:

Injury, illness, disease, or impairment of a sexual or reproductive organ, or
Mental anguish requiring psychiatric care for the victim.

Jury Instruction

Wis JI-Criminal 1209A

§ 940.225(2)(c) Second degree sexual assault: sexual contact with a person suffering from mental illness

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual contact or sexual intercourse with a person who suffers from a mental illness or deficiency that renders them incapable of appraising their own conduct, and that the defendant knew of this condition.

Elements of the Offense

Sexual Contact: The defendant had sexual contact with the victim.
Intent: The defendant acted with intent to become sexually aroused or gratified, to sexually degrade or humiliate the victim, or to cause bodily harm to the victim.
Victim’s Mental Illness or Deficiency: The victim suffered from a mental illness or deficiency that rendered the victim temporarily or permanently incapable of appraising the victim’s own conduct.
Defendant’s Knowledge of the Condition: The defendant knew that the victim suffered from such a mental illness or deficiency and knew that the condition rendered the victim temporarily or permanently incapable of appraising the victim’s own conduct.

Jury Instruction

Wis JI-Criminal 1211

* In State v. Jipson, 2003 WI App 222, ¶¶9–10 & n.4, 267 Wis. 2d 467, 671 N.W.2d 18, the court held that, before accepting a guilty or no-contest plea to a sexual assault charge, the circuit court must ensure that the defendant understands the complete statutory definition of “sexual contact,” including its purpose element. In response, and consistent with the Court of Appeals’ recommendation in State v. Goth, 2024 WI App 74, the Committee revised the instruction to present the purpose requirement as a separate, standalone element. The revised instruction includes intent to become sexually aroused or gratified, to sexually degrade or humiliate the victim, or to cause bodily harm to the victim.

§ 940.225(2)(c) Second degree sexual assault: sexual intercourse with a person suffering from mental illness

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual intercourse with a person who suffered from a mental illness or deficiency that rendered that person temporarily or permanently incapable of appraising the person’s own conduct, and that the defendant knew of that condition.

Elements of the Offense

Sexual Intercourse: The defendant had sexual intercourse with the victim.
Victim’s Mental Illness or Deficiency: The victim suffered from a mental illness or deficiency that rendered the victim temporarily or permanently incapable of appraising the victim’s own conduct.
Defendant’s Knowledge of the Condition: The defendant knew that the victim suffered from such a mental illness or deficiency and knew that the condition rendered the victim temporarily or permanently incapable of appraising the victim’s own conduct.

Jury Instruction

Wis JI-Criminal 1211A

§ 940.225(2)(cm) Second degree sexual assault: sexual contact with a person who is under the influence of an intoxicant

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual contact with a person who was under the influence of an intoxicant to the extent that they were incapable of giving consent, and that the defendant had actual knowledge of this incapacity and the purpose of engaging in sexual activity while the victim was incapable of consenting.

Elements of the Offense

Sexual Contact: The defendant must have had sexual contact with the victim.
Intent: The defendant acted with intent to (become sexually aroused or gratified) (sexually degrade or humiliate the victim) (cause bodily harm to the victim).*
Victim’s Incapacity Due to Intoxicant: The victim must have been under the influence of an intoxicant to a degree that rendered them incapable of giving consent.
Defendant’s Knowledge of Incapacity: The defendant must have had actual knowledge that the victim was incapable of giving consent due to the intoxicant.
Defendant’s Purpose: The defendant must have acted with the purpose of having sexual contact with the victim while the victim was incapable of giving consent.

Jury Instruction

Wis JI-Criminal 1212

§ 940.225(2)(cm) Second degree sexual assault: sexual intercourse with a person who is under the influence of an intoxicant

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual intercourse with a person who was under the influence of an intoxicant to the extent that they were incapable of giving consent, and that the defendant had actual knowledge of this incapacity and the purpose of engaging in sexual activity while the victim was incapable of consenting.

Elements of the Offense

Sexual Intercourse: The defendant must have had sexual intercourse with the victim.
Victim’s Incapacity Due to Intoxicant: The victim must have been under the influence of an intoxicant to a degree that rendered them incapable of giving consent.
Defendant’s Knowledge of Incapacity: The defendant must have had actual knowledge that the victim was incapable of giving consent due to the intoxicant.
Defendant’s Purpose: The defendant must have acted with the purpose of having sexual intercourse with the victim while the victim was incapable of giving consent.

Jury Instruction

Wis JI-Criminal 1212A

§ 940.225(2)(d) Second degree sexual assault: sexual contact with a person the defendant knows is unconscious

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual contact with a person who was unconscious, and that the defendant knew the person was unconscious at the time of the sexual contact.

Elements of the Offense

Sexual Contact: The defendant must have had sexual contact with the victim.
Intent: The defendant acted with intent to (become sexually aroused or gratified) (sexually degrade or humiliate the victim) (cause bodily harm to the victim).*
Victim’s Unconsciousness: The victim must have been unconscious at the time of the sexual contact.
Defendant’s Knowledge of Unconsciousness: The defendant must have known that the victim was unconscious at the time of the sexual contact.

Jury Instruction

Wis JI-Criminal 1213

§ 940.225(2)(d) Second degree sexual assault: sexual intercourse with a person the defendant knows is unconscious

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual intercourse with a person who was unconscious, and that the defendant knew the person was unconscious at the time of the sexual intercourse.

Elements of the Offense

Sexual Intercourse: The defendant must have had sexual intercourse with the victim.
Victim’s Unconsciousness: The victim must have been unconscious at the time of the sexual intercourse.
Defendant’s Knowledge of Unconsciousness: The defendant must have known that the victim was unconscious at the time of the sexual intercourse.

Jury Instruction

Wis JI-Criminal 1213A

§ 940.225(2)(f) Second degree sexual assault: sexual contact without consent while aided or abetted

Summary

To be guilty of this offense, the prosecution must prove that the defendant, while being aided or abetted by one or more other persons, had sexual contact with another person without that person’s consent.

Elements of the Offense

Sexual Contact: The defendant must have had sexual contact with the victim.
Intent: The defendant acted with intent to (become sexually aroused or gratified) (sexually degrade or humiliate the victim) (cause bodily harm to the victim).*
Without Consent: The sexual contact must have occurred without the victim’s consent. “Without consent” means that the victim did not freely agree to the sexual contact.
Aided or Abetted by Others: The defendant must have been aided or abetted by one or more other persons in having sexual contact with the victim.

Jury Instruction

Wis JI-Criminal 1214

§ 940.225(2)(f) Second degree sexual assault: sexual intercourse without consent while aided or abetted

Summary

To be guilty of this offense, the prosecution must prove that the defendant, while being aided or abetted by one or more other persons, had sexual intercourse with another person without that person’s consent.

Elements of the Offense

Sexual Intercourse: The defendant must have had sexual intercourse with the victim.
Without Consent: The sexual intercourse must have occurred without the victim’s consent. “Without consent” means that the victim did not freely agree to the sexual intercourse.
Aided or Abetted by Others: The defendant must have been aided or abetted by one or more other persons in having sexual intercourse with the victim.

Jury Instruction

Wis JI-Criminal 1214A

§ 940.225(2)(g) Second degree sexual assault: sexual contact with a patient or resident

Summary

To be guilty of this offense, the prosecution must prove that the defendant was an employee of a facility or program listed under § 940.295(2)(b), (c), (h), or (k), and that the defendant had sexual contact with a person who was a patient or resident of that facility or program.

Elements of the Offense

Defendant’s Employment: The defendant was an employee of a facility or program listed under § 940.295(2)(b), (c), (h), or (k).
Sexual Contact: The defendant had sexual contact with the victim.
Intent: The defendant acted with intent to become sexually aroused or gratified, to sexually degrade or humiliate the victim, or to cause bodily harm to the victim.*
Victim’s Status as Patient or Resident: The victim was a patient or resident of the facility or program where the defendant was employed.

Jury Instruction

Wis JI-Criminal 1215

§ 940.225(2)(g) Second degree sexual assault: sexual intercourse with a patient or resident

Summary

To be guilty of this offense, the prosecution must prove that the defendant was an employee of a facility or program listed under s. 940.295(2)(b), (c), (h), or (k) and had sexual intercourse with a person who was a patient or resident of that facility or program.

Elements of the Offense

Defendant’s Employment: The defendant must have been an employee of one of the following facilities or programs:

A hospital or treatment facility under s. 940.295(2)(b),
A residential care facility under s. 940.295(2)(c),
A community-based residential facility under s. 940.295(2)(h), or
An adult family home under s. 940.295(2)(k).

Sexual Intercourse: The defendant must have had sexual intercourse with the victim.
Victim’s Status as Patient or Resident: The victim must have been a patient or resident of the facility or program where the defendant was employed.

Jury Instruction

Wis JI-Criminal 1215A

§ 940.225(2)(h) Second degree sexual assault: sexual contact by a correctional staff member

To be guilty of this offense, the prosecution must prove that the defendant, who is a correctional staff member, had sexual contact with an individual confined in a correctional institution.

Elements of the Offense

Correctional Staff Status: The defendant must be a correctional staff member.
Intent: The defendant acted with intent to (become sexually aroused or gratified) (sexually degrade or humiliate the victim) (cause bodily harm to the victim).*
Sexual Contact: The defendant must have had sexual contact with the victim.
Victim’s Status as Confined Individual: The victim must be an individual confined in a correctional institution.

Jury Instruction

Wis JI-Criminal 1216

§ 940.225(2)(h) Second degree sexual assault: sexual intercourse by a correctional staff member

Summary

To be guilty of this offense, the prosecution must prove that the defendant, who is a correctional staff member, had sexual intercourse with an individual confined in a correctional institution.

Elements of the Offense

Correctional Staff Status: The defendant must be a correctional staff member.
Sexual Intercourse: The defendant must have had sexual intercourse with the victim.
Victim’s Status as Confined Individual: The victim must be an individual confined in a correctional institution.

Jury Instruction

Wis JI-Criminal 1216A

§ 940.225(2)(i) Second degree sexual assault: sexual contact by a probation, parole, or extended supervision agent

Summary

To be guilty of this offense, the prosecution must prove that the defendant, who is a probation, parole, or extended supervision agent, had sexual contact with an individual under their supervision or influence.

Elements of the Offense

Defendant’s Role as an Agent: The defendant must be a probation, parole, or extended supervision agent who:

Directly supervises the individual, or
Supervises the individual through a subordinate, or
Has influenced or attempted to influence another agent’s supervision of the individual.

Sexual Contact: The defendant must have had sexual contact with the individual.
Intent: The defendant acted with intent to (become sexually aroused or gratified) (sexually degrade or humiliate the victim) (cause bodily harm to the victim).*
Victim’s Status: The victim must be an individual on probation, parole, or extended supervision.

Jury Instruction

Wis JI-Criminal 1217

§ 940.225(2)(i) Second degree sexual assault: sexual intercourse by a probation, parole, or extended supervision agent

Summary

To be guilty of this offense, the prosecution must prove that the defendant, who is a probation, parole, or extended supervision agent, had sexual intercourse with an individual under their supervision or influence.

Elements of the Offense

Defendant’s Role as an Agent: The defendant must be a probation, parole, or extended supervision agent who:

Directly supervises the individual, or
Supervises the individual through a subordinate, or
Has influenced or attempted to influence another agent’s supervision of the individual.

Sexual Intercourse: The defendant must have had sexual intercourse with the individual. Sexual contact involves intentional touching of intimate parts, either directly or through clothing, for the purpose of sexual gratification, arousal, humiliation, or degradation.
Victim’s Status: The victim must be an individual on probation, parole, or extended supervision.

Jury Instruction

Wis JI-Criminal 1217C

§ 940.225(2)(j) Second degree sexual assault: sexual contact by an employee of an entity

Summary

To be guilty of this offense, the prosecution must prove that the defendant, who is a licensee, employee, or nonclient resident of a specified entity, had sexual contact with a client of that entity.

Elements of the Offense

Defendant’s Role: The defendant must be one of the following:

A licensee,
An employee, or
A nonclient resident of an entity as defined in s. 48.685(1)(b) or s. 50.065(1)(c). These entities generally refer to care facilities such as group homes, nursing homes, or other facilities serving vulnerable individuals.

Sexual Contact: The defendant must have had sexual contact with the client.
Intent: The defendant acted with intent to (become sexually aroused or gratified) (sexually degrade or humiliate the victim) (cause bodily harm to the victim).*
Victim’s Status as a Client: The victim must be a client of the entity where the defendant works, is licensed, or resides.

Jury Instruction

Wis JI-Criminal 1217A

§ 940.225(2)(j) Second degree sexual assault: sexual intercourse by an employee of an entity

Summary

To be guilty of this offense, the prosecution must prove that the defendant, who is a licensee, employee, or nonclient resident of a specified entity, had sexual intercourse with a client of that entity.

Elements of the Offense

Defendant’s Role: The defendant must be one of the following:

A licensee,
An employee, or
A nonclient resident of an entity as defined in s. 48.685(1)(b) or s. 50.065(1)(c). These entities generally refer to care facilities such as group homes, nursing homes, or other facilities serving vulnerable individuals.

Sexual Intercourse: The defendant must have had sexual intercourse with the client.
Victim’s Status as a Client: The victim must be a client of the entity where the defendant works, is licensed, or resides.

Jury Instruction

Wis JI-Criminal 1217D

§ 940.225(2)(k) Second Degree Sexual Assault: Sexual Contact by a Law Enforcement Officer with a Person Detained or In Custody

Summary

To be guilty of this offense, the prosecution must prove that the defendant, who is a law enforcement officer, had sexual contact with a person who was detained or in custody.

Elements of the Offense

Defendant’s Status as a Law Enforcement Officer: The defendant must be a law enforcement officer at the time of the sexual contact.
Sexual Contact: The defendant must have had sexual contact with the victim.
Intent: The defendant acted with intent to (become sexually aroused or gratified) (sexually degrade or humiliate the victim) (cause bodily harm to the victim).*
Victim’s Status: The victim must be:

Detained by any law enforcement officer under s. 968.24 (Temporary questioning), or
In the custody of any law enforcement officer, whether the custody is lawful or unlawful, and whether it is actual or constructive.

Jury Instruction

Wis JI-Criminal 1217B

§ 940.225(2)(k) Second Degree Sexual Assault: Sexual Intercourse by a Law Enforcement Officer with a Person Detained or In Custody

Summary

To be guilty of this offense, the prosecution must prove that the defendant, who is a law enforcement officer, had sexual intercourse with a person who was detained or in custody.

Elements of the Offense

Defendant’s Status as a Law Enforcement Officer: The defendant must be a law enforcement officer at the time of the sexual intercourse
Sexual Intercourse: The defendant must have had sexual intercourse with the victim.
Victim’s Status: The victim must be:

Detained by any law enforcement officer under s. 968.24 (Temporary questioning), or
In the custody of any law enforcement officer, whether the custody is lawful or unlawful, and whether it is actual or constructive.

Jury Instruction

Wis JI-Criminal 1217E

§ 940.225(3)(a) Third degree sexual assault: sexual intercourse without consent

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual intercourse with another person without their consent.

Elements of the Offense

Sexual Intercourse: The defendant must have had sexual intercourse with the victim.
Without Consent: The sexual intercourse must have occurred without the consent of the victim.

Jury Instruction

Wis JI-Criminal 1218A

§ 940.225(3)(b) Third degree sexual assault: Sexual contact without consent involving ejaculation, etc.

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual contact with another person in the manner described in sub. (5)(b)2 or (5)(b)3 without the person’s consent.

Elements of the Offense

Sexual Contact: The defendant must have engaged in one of the following forms of sexual contact:
- (5)(b)2: The intentional touching, by the defendant or the victim, of the victim’s intimate parts, directly or through clothing, if the touching is for the purpose of sexual degradation, humiliation, arousal, or gratification.
- (5)(b)3: The intentional touching, by the defendant or the victim, of the defendant’s intimate parts, directly or through clothing, if the touching is for the purpose of sexual degradation, humiliation, arousal, or gratification.
Without Consent: The sexual contact must have occurred without the consent of the victim.

Jury Instruction

Wis JI-Criminal 1218B

§ 940.225(3m) Fourth degree sexual assault: sexual contact without consent

Summary

To be guilty of this offense, the prosecution must prove that the defendant had sexual contact with another person without that person’s consent.

Elements of the Offense

Sexual Contact: The defendant must have engaged in sexual contact with the victim. Sexual contact involves intentional touching of intimate parts, either directly or through clothing, for the purpose of sexual gratification, arousal, humiliation, or degradation.
Without Consent: The sexual contact must have occurred without the consent of the victim.

Jury Instruction

Wis JI-Criminal 1219

§ 940.23(1)(a) First degree reckless injury

Summary

To be guilty of this offense, the prosecution must prove that the defendant recklessly caused great bodily harm to another human being under circumstances demonstrating utter disregard for human life.

Elements of the Offense

Causing Great Bodily Harm: The defendant must have caused great bodily harm to the victim.
Recklessness: The defendant’s actions must have been reckless.
Utter Disregard for Human Life: The circumstances of the act must have demonstrated utter disregard for human life.

Jury Instruction

Wis JI-Criminal 1250

§ 940.23(2) Second degree reckless injury

Summary

To be guilty of this offense, the prosecution must prove that the defendant recklessly caused great bodily harm to another human being or an unborn child.

Elements of the Offense

Causing Great Bodily Harm: The defendant must have caused great bodily harm.
Recklessness: The defendant’s actions must have been reckless.
Victim: The victim must be another human being, or an unborn child.

Jury Instruction

Wis JI-Criminal 1252

§ 940.235 Strangulation and suffocation

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally impeded the normal breathing or circulation of blood of another person by applying pressure on the throat or neck or by blocking the nose or mouth.

Elements of the Offense

Intentional Act: The defendant must have intentionally acted to impede the victim’s normal breathing or circulation of blood.
Method of Impeding: The defendant must have:
- Applied pressure on the throat or neck of the victim, or
- Blocked the nose or mouth of the victim.

Jury Instruction

Wis JI-Criminal 1255

§ 940.24 Injury by negligent handling of a dangerous weapon, explosives or fire.

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused bodily harm to another person through the negligent operation or handling of a dangerous weapon, explosives, or fire.

Elements of the Offense

Causing Bodily Harm: The defendant must have caused bodily harm to another person.
Negligent Operation or Handling: The defendant’s operation or handling of a dangerous weapon, explosives, or fire must have been negligent.
Involvement of a Dangerous Weapon, Explosives, or Fire: The harm must have been caused by the negligent handling or operation of a dangerous weapon, explosives, or fire.

Jury Instruction

Wis JI-Criminal 1260

§ 940.25(1)(a) Injury (great bodily harm) by operation of a vehicle while under the influence

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused great bodily harm to another human being by operating a vehicle while under the influence of an intoxicant.

Elements of the Offense

Operation of a Vehicle: The defendant must have been operating a vehicle at the time of the incident.
Under the Influence of an Intoxicant: The defendant must have been under the influence of an intoxicant while operating the vehicle.
Causing Great Bodily Harm: The defendant’s operation of the vehicle must have caused great bodily harm to another person.

Jury Instruction

Wis JI-Criminal 1262

§ 940.25(1)(am) Injury (great bodily harm) by operation of a vehicle while the person has a detectable amount of a restricted controlled substance influence

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused great bodily harm to another human being by operating a vehicle while having a detectable amount of a restricted controlled substance in their blood.

Elements of the Offense

Operation of a Vehicle: The defendant must have been operating a vehicle at the time of the incident.
Detectable Amount of a Restricted Controlled Substance: The defendant must have had a detectable amount of a restricted controlled substance in their blood while operating the vehicle.
Causing Great Bodily Harm: The defendant’s operation of the vehicle must have caused great bodily harm to another person.

Jury Instruction

Wis JI-Criminal 1266

§ 940.25(1)(b) Injury (great bodily harm) by operation of a vehicle with a prohibited alcohol concentration

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused great bodily harm to another human being by operating a vehicle while having a prohibited alcohol concentration as defined in s. 340.01(46m).

Elements of the Offense

Operation of a Vehicle: The defendant must have been operating a vehicle at the time of the incident.
Prohibited Alcohol Concentration: The defendant must have had a prohibited alcohol concentration at the time of operating the vehicle. Prohibited alcohol concentration means (0.08) (0.02) grams of alcohol in 210 liters of the defendant’s breath.
Causing Great Bodily Harm: The defendant’s operation of the vehicle must have caused great bodily harm to another person.

Jury Instruction

Wis JI-Criminal 1263
Wis JI-Criminal 1263A

§ 940.285 Abuse of individuals at risk

Summary

To be guilty of this offense, the prosecution must prove that the defendant subjected an individual at risk to abuse, either intentionally, recklessly, or negligently. This statute applies to individuals who are not in charge of or employed by certain facilities listed in s. 940.29 or s. 940.295(2).

Elements of the Offense

Individual at Risk: The victim must be classified as an individual at risk.
Abuse: The defendant must have subjected the individual at risk to abuse.
Intent: The defendant must have acted intentionally, recklessly, or negligently.
Death, Great Bodily Harm, or Bodily Harm: The defendant subjected the victim to abuse under circumstances that either caused death, caused or were likely to cause great bodily harm or caused or were likely to cause bodily harm.

Jury Instruction

Wis JI-Criminal 1268

§ 940.29 Abuse of residents of penal facilities

Summary

To be guilty of this offense, the prosecution must prove that the defendant, who was in charge of or employed by a penal or correctional institution, abused, neglected, or ill-treated a person confined in or residing at such a facility, or knowingly allowed another person to do so.

Elements of the Offense

Defendant’s Role: The defendant must be a person in charge of or employed by a penal or correctional institution or another place of confinement.
Victim’s Status: The victim must be a person confined in or a resident of the institution or place of confinement.
Type of Mistreatment: The defendant must have knowingly abused, neglected, or ill-treated the victim.
Permitting Abuse by Another: Alternatively, the defendant may be found guilty if they knowingly permitted another person to abuse, neglect, or ill-treat the confined person.

Jury Instruction

Wis JI-Criminal 1270

§ 940.291 Law enforcement officer - failure to render aid

Summary

To be guilty of this offense, the prosecution must prove that a peace officer, while acting in the course of their employment or under the authority of their employment, intentionally failed to provide or arrange necessary first aid to a person in their custody, or knowingly allowed another person to do so, and that bodily harm resulted from the failure.

Elements of the Offense

Defendant’s Role as a Peace Officer: The defendant must be a peace officer acting in the course of employment or under the authority of their employment.
Person in Custody: The victim must have been in the officer’s actual or constructive custody.
Failure to Render or Arrange First Aid: The defendant must have intentionally failed to render necessary first aid or make arrangements for it.
OR
Failure to Render or Arrange First Aid (Alternative): The defendant must have knowingly permitted another person to fail to render necessary first aid to a person in custody, while acting in the course of employment or under the authority of employment.
Bodily Harm: The victim must have suffered bodily harm as a result of the officer’s failure to render or arrange for first aid.
Ability to Render First Aid: The first aid that was not rendered was within the knowledge and ability of the officer to provide.*

Jury Instruction

Wis JI-Criminal 1273

* “Intentionally failed to render aid” requires that the defendant had the knowledge and the ability to render the first aid that was necessary.

§ 940.295 Abuse of patients and residents

Summary

To be guilty of this offense, the prosecution must prove that a person in charge of or employed in a facility or program listed under sub. (2) intentionally or recklessly abused a patient or resident, or knowingly permitted another person to do so.

Elements of the Offense

Defendant’s Role: The defendant must be in charge of or employed by a facility or program as defined in sub. (2), such as a nursing home, hospital, or other care facility.
Victim’s Status: The victim must be a patient or resident of the facility or program where the defendant works.
Type of Abuse: The defendant must have, intentionally, recklessly, or negligently subjected the victim to:
- physical abuse;
- emotional abuse;
- sexual abuse;
- treatment without consent; or
- unreasonable confinement or restraint.
Type of Harm: The defendant must have intentionally, recklessly, or negligently abused the victim under circumstances that either caused death, caused or were likely to cause great bodily harm, or caused or were likely to cause bodily harm.
Permitting Abuse or Neglect: The defendant may also be guilty if they knowingly permitted another person to abuse a patient or resident.

Jury Instruction

Wis JI-Criminal 1271

§ 940.295 Neglect of patients and residents

Summary

To be guilty of this offense, the prosecution must prove that a person in charge of or employed in a facility or program listed under sub. (2) intentionally or recklessly neglected a patient or resident, or knowingly permitted another person to do so.

Elements of the Offense

Defendant’s Role: The defendant must be in charge of or employed by a facility or program as defined in sub. (2), such as a nursing home, hospital, or other care facility.
Victim’s Status: The victim must be a patient or resident of the facility or program where the defendant works.
Type of Abuse: The defendant must have intentionally or recklessly neglected the victim.
Type of Harm: The defendant must have intentionally or recklessly neglected the victim under circumstances that either caused death, caused or were likely to cause great bodily harm, or caused or were likely to cause bodily harm.
Permitting Abuse or Neglect: The defendant may also be guilty if they knowingly permitted another person to neglect a patient or resident.

Jury Instruction

Wis JI-Criminal 1272

§ 940.30 False imprisonment

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally confined or restrained another person without their consent, knowing they had no lawful authority to do so.

Elements of the Offense

Intentional Confinement or Restraint: The defendant must have intentionally confined or restrained the victim.
Without Consent: The victim must not have consented to the confinement or restraint.
Lack of Lawful Authority: The defendant had no lawful authority to confine or restrain the other person.
Knowledge: The defendant must have known that they had no lawful authority to confine or restrain the victim.

Jury Instruction

Wis JI-Criminal 1275

§ 940.302(2)(a) Human trafficking

Summary

To be guilty of this offense, the prosecution must prove that the defendant knowingly engaged in trafficking for either labor or services, or for a commercial sex act, using specific methods of coercion, threat, or control.

Elements of the Offense

Knowingly Engaging in Trafficking: The defendant must have knowingly engaged in trafficking.
Purpose of Trafficking: The trafficking must have been done for one of the following purposes:
- Labor or services, or
- A commercial sex act.
Method of Coercion or Control: The trafficking must have been done using one or more of the following methods:
- Bodily harm: Causing or threatening to cause bodily harm to any individual.
- Financial harm: Causing or threatening to cause financial harm to any individual.
- Restraint: Restraining or threatening to restrain any individual.
- Law violation: Violating or threatening to violate a law.
- Document confiscation: Destroying, concealing, removing, confiscating, or possessing, or threatening to do so, with any passport or official identification document.
- Extortion: Engaging in extortion to coerce or control the individual.
- Fraud or deception: Using fraud or deception to coerce or manipulate the individual.
- Debt bondage: Using debt to coerce the individual.
- Addictive substances: Controlling or threatening to control the individual’s access to an addictive controlled substance.
- Coercion: Using any scheme, pattern, or other means to directly or indirectly coerce, threaten, or intimidate the individual.
- Force or violence: Using or threatening to use force or violence on any individual.
- Act against will: Causing or threatening to cause the individual to perform any act against their will or without their consent.

Jury Instruction

Wis JI-Criminal 1276

§ 940.302(2)(b) Benefiting from human trafficking

Summary

To be guilty of this offense, the prosecution must prove that a violation of § 940.302(2)(a) occurred; that the defendant benefited in any manner from that violation; and that the defendant knew or reasonably should have known that the benefits came from or were derived from an act or scheme of trafficking described in § 940.302(2)(a).

Elements of the Offense

Trafficking: A person knowingly engaged in trafficking. “Trafficking” means recruiting, enticing, harboring, transporting, providing, or obtaining, or attempting to recruit, entice, harbor, transport, provide, or obtain, an individual.
Purpose of the Trafficking: The trafficking was for the purpose of labor or services or for the purpose of a commercial sex act.
Means Used to Accomplish the Trafficking: The trafficking was accomplished by one or more of the means described in § 940.302(2)(a)2.
Benefit: The defendant benefited from the violation of § 940.302(2)(a).
Knowledge or Constructive Knowledge: The defendant knew or reasonably should have known that the benefits came from or were derived from an act or scheme of trafficking.

Jury Instruction

Wis JI-Criminal 1279

§ 940.302(2)(c) Human trafficking

Summary

To be guilty of this offense, the prosecution must prove that the defendant knowingly received compensation derived from debt bondage, a prostitute, or a commercial sex act as described in sub. (1)(a)1 and 2.

Elements of the Offense

Knowingly Receiving Compensation: The defendant must have knowingly received compensation.
Source of Compensation: The compensation must have come from one either debt bondage, prostitution, or a commercial sex act.

Jury Instruction

Wis JI-Criminal 1277

§ 940.305 Taking a hostage

Summary

To be guilty of this offense, the prosecution must prove that the defendant seized, confined, or restrained a person without their consent, using force or the threat of imminent force, with the intent to use the person as a hostage to influence someone to perform or not perform a demanded action.

Elements of the Offense

Seizing, Confining, or Restraining: The defendant must have seized, confined, or restrained the victim.
Without Consent: The act of seizing, confining, or restraining must have been done without the victim’s consent.
Use of Force or Threat of Imminent Force: The defendant must have used force or threatened imminent force to carry out the act.
Intent to Use as a Hostage: The defendant must have intended to use the victim as a hostage in order to influence another person to perform or not perform a specific action.

[THE FOLLOWING ELEMENT IS NECESSARY FOR CLASS C FELONIES

Release of the Hostage: Before the time of the defendant’s arrest, the hostage must have been released without suffering bodily harm.]

Jury Instruction

Wis JI-Criminal 1278

§ 940.31(1)(a) Kidnapping

Summary

To be guilty of this offense, the prosecution must prove that the defendant used force or the threat of imminent force to carry a person from one place to another without their consent, with the intent to secretly confine or imprison them, carry them out of the state, or hold them to service against their will.

Elements of the Offense

Carrying the Victim: The defendant must have carried the victim from one place to another.
Force or Threat of Imminent Force: The defendant must have used force or the threat of imminent force to carry out the act.
Without Consent: The victim must not have consented to being carried or transported.
Intent: The defendant must have acted with one of the following intentions:
- To secretly confine or imprison the victim.
- To carry the victim out of the state.
- To hold the victim to service against their will.

[THE FOLLOWING ELEMENT IS NECESSARY FOR CLASS B FELONIES

Intent to Obtain Property: The defendant must have had the intent to cause someone to transfer property to secure the victim’s release.]

Jury Instruction

Wis JI-Criminal 1280

§ 940.31(1)(b) Kidnapping

Summary

To be guilty of this offense, the prosecution must prove that the defendant, by force or threat of imminent force, seized or confined another person without their consent, with the intent to secretly confine, imprison, or carry them out of the state or hold them to service against their will.

Elements of the Offense

Seizing or Confining the Victim: The defendant must have seized or confined the victim.
Force or Threat of Imminent Force: The defendant must have used force or the threat of imminent force to seize or confine the victim.
Without Consent: The seizure or confinement must have occurred without the victim’s consent.
Intent: The defendant must have acted with one of the following intentions:
- To secretly confine or imprison the victim.
- To carry the victim out of the state.
- To hold the victim to service against their will.

[THE FOLLOWING ELEMENT IS NECESSARY FOR CLASS B FELONIES

Intent to Obtain Property: In addition to the above, the defendant must have had the intent to cause someone to transfer property to secure the victim's release.]

Jury Instruction

Wis JI-Criminal 1281

§ 940.31(1)(c) Kidnapping

Summary

To be guilty of this offense, the prosecution must prove that the defendant, by deceit, induced another person to go from one place to another with the intent to secretly confine, imprison, or carry them out of the state, or hold them to service against their will.

Elements of the Offense

Deceit: The defendant must have used deceit to induce the victim to move from one place to another. Deceit requires that the accused induced the victim to go from one place to another by making a false statement or giving a false impression.
Inducing Movement: The victim must have been induced by deceit to move from one place to another.
Intent: The defendant must have had one of the following intentions:
- To secretly confine or imprison the victim,
- To carry the victim out of the state, or
- To hold the victim to service against their will.

[THE FOLLOWING ELEMENT IS NECESSARY FOR CLASS B FELONIES

Intent to Obtain Property: In addition to the above, the defendant must have had the intent to cause someone to transfer property to secure the victim’s release.]

Jury Instruction

Wis JI-Criminal 1282

§ 940.315(1)(a) Placing a global positioning device

Summary

To be guilty of this offense, the prosecution must prove that the defendant placed a global positioning device or a device equipped with GPS technology on a vehicle owned or leased by another person without that person’s consent.

Elements of the Offense

Placement of a GPS Device: The defendant must have placed a global positioning device or a device equipped with GPS technology on a vehicle.
Ownership or Lease of Vehicle: The vehicle on which the device was placed must be owned or leased by another person.
Without Consent: The placement of the device must have occurred without the consent of the vehicle’s owner or lessee.

Jury Instruction

Wis JI-Criminal 1283A

§ 940.315(1)(b) Obtaining information generated by a global positioning device

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally obtained information about another person’s movements or location from a global positioning device or device equipped with GPS technology that was placed without the other person’s consent.

Elements of the Offense

Obtaining Information: The defendant must have obtained information about another person’s movement or location.
Source of Information: The information must have been generated by a global positioning device or a device equipped with GPS technology.
Device Placed Without Consent: The GPS device must have been placed on the other person’s vehicle or property without their consent.
Intent: The defendant must have acted intentionally.
Knowledge: The defendant must have known that the device was placed without the other person’s consent.*

Jury Instruction

Wis JI-Criminal 1283B

* “Intentionally” is defined in § 939.23(3) to require “knowledge of those facts which are necessary to make his or her conduct criminal and which are set forth after the word ‘intentionally.’” Here, this requires knowledge that the other person did not consent.

§ 940.32(2) Stalking

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally engaged in a course of conduct directed at a specific person; that the course of conduct would cause a reasonable person under the same circumstances to suffer serious emotional distress or to fear bodily injury or death to himself or herself or to a member of his or her family or household; that the defendant’s acts actually caused the specific person to suffer serious emotional distress or induced fear of bodily injury or death to himself or herself or to a member of his or her family or household; and that the defendant knew or should have known that at least one of the acts constituting the course of conduct would have that effect.

Elements of the Offense

Course of Conduct: The defendant intentionally engaged in a course of conduct directed at a specific person.*
Objective Reasonableness: The course of conduct would have caused a reasonable person under the same circumstances to suffer serious emotional distress or to fear bodily injury or death to himself or herself or to a member of his or her family or household.
Actual Effect on Victim: The defendant’s acts caused the specific person to suffer serious emotional distress or induced fear in the specific person of bodily injury or death to himself or herself or to a member of his or her family or household.
Knowledge or Constructive Knowledge: The defendant knew or should have known that at least one of the acts constituting the course of conduct would cause the specific person to suffer serious emotional distress or place the specific person in reasonable fear of bodily injury or death to himself or herself or to a member of his or her family or household.**

Jury Instruction

Wis JI-Criminal 1284

* “Course of conduct” means a series of two or more acts carried out over time, however short or long, that show a continuity of purpose. The acts constituting the course of conduct should be limited to acts listed in § 940.32(1)(a)1.–10 and supported by the evidence.

** When the alleged stalking conduct consists solely of verbal communications, consider whether First Amendment limitations, including the subjective-awareness requirement discussed in Counterman v. Colorado, 600 U.S. 66 (2023). affect the required mental-state analysis.

§ 940.32(2e) Stalking

Summary

To be guilty of this offense, the prosecution must prove that the defendant, after being convicted of sexual assault or a domestic abuse offense, engaged in certain prohibited conduct directed at the victim of the prior offense, knowing that the conduct would cause serious emotional distress or fear of bodily injury or death to the victim or their family/household members.

Elements of the Offense

Prior Conviction: The defendant must have been previously convicted of one of the following offenses:
- Sexual assault under s. 940.225,
- Sexual assault of a child under s. 948.02,
- Repeated acts of sexual assault of the same child under s. 948.025,
- Sexual assault of a child placed in substitute care under s. 948.085, or
- A domestic abuse offense.
Engaging in Prohibited Acts: After the prior conviction, the defendant must have engaged in any of the acts listed in sub. (1)(a)1. to 10., directed at the same victim of the prior offense. These acts include actions like threatening, harassing, or following the victim.
Causing Actual Harm: The defendant’s actions must have caused the victim to:
- Suffer serious emotional distress, or
- Experience fear of bodily injury or death for themselves or a family/household member.
Knowledge of Impact: The defendant must know, or should reasonably know, that their conduct would cause the specific person to:
- Suffer serious emotional distress, or
- Be placed in reasonable fear of bodily injury or death for themselves or a family/household member.

Jury Instruction

Wis JI-Criminal 1284B

§§ 940.42 and 940.43 Intimidation of a witness

Summary

To be guilty of this offense, the prosecution must prove that the defendant knowingly and maliciously prevented or attempted to prevent a witness from attending or giving testimony at a legal trial, proceeding, or inquiry.

Elements of the Offense

Preventing or Dissuading: The defendant must have either:
- Prevented or dissuaded a witness from attending or giving testimony at a trial, proceeding, or inquiry, or
- Attempted to prevent or dissuade the witness from doing so.
Knowingly and Maliciously: The defendant must have acted knowingly and with malicious intent, meaning they were aware of their actions and intended to harm or hinder the legal process.
Witness’s Role: The victim of the intimidation must have been a witness in a trial, proceeding, or inquiry authorized by law.

Jury Instruction

Wis JI-Criminal 1292

§§ 940.44(1) and 940.45 Intimidation of a victim

Summary

To be guilty of this offense, the prosecution must prove that the defendant knowingly and maliciously prevented or attempted to prevent a crime victim, or someone acting on their behalf, from reporting the crime to law enforcement or judicial authorities.

Elements of the Offense

Preventing or Dissuading: The defendant must have either:
- Prevented or dissuaded the victim (or someone acting on their behalf) from reporting the crime, or
- Attempted to prevent or dissuade the victim (or someone acting on their behalf) from making such a report.
Knowingly and Maliciously: The defendant must have acted knowingly and with malicious intent, meaning they were aware of their actions and intended to interfere with the reporting of the crime.
Victim’s Role: The person targeted must have been:
- A victim of a crime, or
- Acting on behalf of a crime victim.
Purpose of Prevention: The defendant’s actions must have been aimed at preventing the victim from reporting the crime to:
- Any peace officer, or
- A state, local, or federal law enforcement or prosecuting agency, or
- Any judge.

Jury Instruction

Wis JI-Criminal 1296
Wis JI-Criminal 1296A

§§ 940.44(2) and 940.45 Intimidation of a victim

Summary

To be guilty of this offense, the prosecution must prove that the defendant knowingly and maliciously prevented or attempted to prevent a crime victim, or someone acting on their behalf, from causing or assisting in the filing or prosecution of a criminal complaint, indictment, or information.

Elements of the Offense

Preventing or Dissuading: The defendant must have either:
- Prevented or dissuaded the victim (or someone acting on their behalf) from causing or assisting in the prosecution of a criminal complaint, indictment, or information, or
- Attempted to prevent or dissuade the victim (or someone acting on their behalf) from doing so.
Knowingly and Maliciously: The defendant must have acted knowingly and with malicious intent, meaning they were aware of their actions and intended to interfere with the victim’s participation in legal proceedings.
Victim’s Role: The person targeted must have been:
- A victim of a crime, or
- Acting on behalf of a crime victim.
Purpose of Prevention: The defendant’s actions must have been aimed at preventing the victim or their representative from:
- Causing a criminal complaint, indictment, or information to be sought or prosecuted, or
- Assisting in the prosecution of such actions.

Jury Instruction

Wis JI-Criminal 1297

§ 940.60(1) Simple battery

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused bodily harm to another person by an act done with intent to cause bodily harm to that person or another, and that the act was done without the consent of the person harmed.

Elements of the Offense

Causes Bodily Harm: The defendant caused bodily harm to another person.
Intent: The defendant acted with the intent to cause bodily harm to the victim or another person.
Without Consent: The bodily harm must have been inflicted without the consent of the person harmed.*

Jury Instruction

Wis JI-Criminal 1220

* Although knowledge that the person harmed did not consent is required under the general intent statute, it is not separately stated as an additional element in Wis JI–Criminal 1220. Instead, the instruction explains that “intentionally” requires that the defendant had knowledge of the facts necessary to make the conduct criminal, including that the person harmed did not consent.

§ 940.60(2) Substantial battery

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused substantial bodily harm to another person by an act done with intent to cause bodily harm to that person or another.

Elements of the Offense

Causes Substantial Bodily Harm: The defendant caused substantial bodily harm to another person.
Intent: The defendant acted with the intent to cause bodily harm to the victim or another person.*

Jury Instruction

Wis JI-Criminal 1222

* Subsection 939.23(3) provides that when “intentionally” is used in a criminal statute, it requires that the actor “have knowledge of those facts which are necessary to make his or her conduct criminal and which are set forth after the word ‘intentionally.’” Note that § 940.60(2) requires only intent to cause bodily harm, not intent to cause substantial bodily harm. The defendant need not have intended the degree of harm that actually resulted.

§ 940.60(3)(a) Aggravated battery: intent to cause bodily harm

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused great bodily harm to another person by an act done with intent to cause bodily harm to that person or another.

Elements of the Offense

Causes Great Bodily Harm: The defendant caused great bodily harm to another person.
Intent: The defendant acted with the intent to cause bodily harm to the victim or another person.*

Jury Instruction

Wis JI-Criminal 1224

* Subsection 939.23(3) provides that when “intentionally” is used in a criminal statute, it requires that the actor “have knowledge of those facts which are necessary to make his or her conduct criminal and which are set forth after the word ‘intentionally.’” Note that § 940.60(3)(a) requires only intent to cause bodily harm, not intent to cause great bodily harm. The defendant need not have intended the degree of harm that actually resulted.

§ 940.60(3)(b) Aggravated battery: intent to cause great bodily harm

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused great bodily harm to another person by an act done with intent to cause great bodily harm to that person or another.

Elements of the Offense

Causing Great Bodily Harm: The defendant caused great bodily harm to another person.
Intent: The defendant acted with the specific intent to cause great bodily harm to the victim or another person.*

Jury Instruction

Wis JI-Criminal 1225

* Subsection 939.23(3) provides that when “intentionally” is used in a criminal statute, it requires that the actor “have knowledge of those facts which are necessary to make his or her conduct criminal and which are set forth after the word ‘intentionally.’” Unlike § 940.60(3)(a), this subsection requires intent to cause great bodily harm—the intent must match the result element.

§ 940.60(3)(c) Battery with substantial risk of great bodily harm

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm to another person by conduct that created a substantial risk of great bodily harm, and that the defendant knew the conduct created that risk.

A rebuttable presumption that the defendant’s conduct created a substantial risk of great bodily harm applies if, at the time of the offense, the person harmed had a physical disability—whether congenital or acquired by accident, injury, or disease—that was either discernible by an ordinary person viewing the person or actually known by the defendant.

Elements of the Offense

Causing Bodily Harm: The defendant caused bodily harm to another person.
Intent: The defendant acted intentionally in causing the bodily harm to the victim or another person.
Substantial Risk of Great Bodily Harm: The defendant’s conduct created a substantial risk of great bodily harm.
Knowledge: The defendant must have known that their conduct created a substantial risk of great bodily harm.*

Jury Instruction

Wis JI-Criminal 1226

* Subsection 939.23(3) provides that when “intentionally” is used in a criminal statute, it requires that the actor “have knowledge of those facts which are necessary to make his or her conduct criminal and which are set forth after the word “intentionally.” Accordingly, the defendant must have known that the conduct created a substantial risk of great bodily harm.

§ 940.61(1) Battery by a person dubject to an injunction

Summary

To be guilty of this offense, the prosecution must prove that the victim petitioned for a domestic abuse injunction, harassment injunction, or tribal injunction filed under § 813.128(3g); that the defendant was subject to that injunction at the time of the offense; and that the defendant intentionally caused bodily harm to the victim without the victim’s consent. The prosecution must also prove that the defendant knew the victim had petitioned for the injunction and knew that the victim did not consent to the causing of bodily harm.

Elements of the Offense

Petition for an Injunction: The victim petitioned for a domestic abuse injunction under § 813.12, a harassment injunction under § 813.125, or a tribal injunction filed under § 813.128(3g) against the defendant.
Subject to the Injunction: At the time of the alleged offense, the defendant was subject to that injunction.
Intentional Causation of Bodily Harm: The defendant intentionally caused bodily harm to the victim.
Without Consent: The victim did not consent to the bodily harm.
Knowledge: The defendant knew that the victim had petitioned for the injunction and knew that the victim did not consent to the causing of bodily harm.*

Jury Instruction

Wis JI-Criminal 1229

* The knowledge element is based on the definition of “intentionally” in § 939.23(3): “. . . the actor must have knowledge of those facts which are necessary to make his conduct criminal and which are set forth after the word intentionally.”

§ 940.61(2)(a) Battery by prisoner

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a prisoner confined, as a result of a violation of law, to a state prison or a state, county, or municipal detention facility and intentionally caused bodily harm or a soft tissue injury to an officer, employee, visitor, or another inmate of the prison or detention facility without that person’s consent. The prosecution must also prove that the defendant knew the victim held the specified status and knew that the victim did not consent to the causing of the bodily harm or soft tissue injury.

Elements of the Offense

Prisoner Status: The defendant must be a prisoner confined to a state prison or another state, county, or municipal detention facility.
Causing Bodily Harm or Soft Tissue Injury: The defendant must have caused bodily harm or a soft tissue injury (as defined in s. 946.41(2)(c)) to the victim.
Intent: The defendant must have acted intentionally in causing the harm or injury.
Victim’s Status: The victim must be an officer, employee, visitor, or another inmate of the prison or detention facility.
Without Consent: The harm or injury must have been inflicted without the consent of the victim.
Knowledge: The defendant must have known that the person harmed was an officer, employee, visitor, or another inmate of the institution and must have known that the person harmed did not consent to the causing of bodily harm.*

Jury Instruction

Wis JI-Criminal 1228

§ 940.61(2)(b) Battery by certain detained or committed persons

Summary

To be guilty of this offense, the prosecution must prove that the defendant was placed in a facility under § 980.04 or § 980.065 and intentionally caused bodily harm to an officer, employee, agent, visitor, or other resident of the facility without that person’s consent. The prosecution must also prove that the defendant knew the victim did not consent to the causing of bodily harm.

Elements of the Offense

Detained or Committed Status: The defendant must be a person placed in a facility under s. 980.04 (detention for evaluation or treatment) or s. 980.065 (facility for civil commitment).
Causing Bodily Harm: The defendant must have caused bodily harm to the victim.
Intent: The defendant must have acted intentionally in causing the bodily harm.
Victim’s Status: The victim must be an officer, employee, agent, visitor, or another resident of the facility.
Without Consent: The bodily harm must have been inflicted without the consent of the victim.
Knowledge: The defendant must have known that the victim did not consent to the causing of bodily harm.*

Jury Instruction

Wis JI-Criminal 1228A

* “Intentionally” requires either mental purpose to cause the result or awareness that the conduct is practically certain to cause it. § 939.23(3).

§ 940.62(1)(a) Battery to a public officer

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm to a public officer either to influence the officer’s actions or as a result of an action taken by the officer in their official capacity. The bodily harm must have been inflicted without the officer’s consent.

Elements of the Offense

Victim’s Status as a Public Officer: The victim was a public officer at the time of the alleged offense.
Causing Bodily Harm: The defendant caused bodily harm to the public officer.
Intent to Cause Bodily Harm: The defendant intended to cause bodily harm.
Without Consent: The public officer did not consent to the bodily harm.
Knowledge of Lack of Consent: The defendant knew that the public officer did not consent to the bodily harm.*
Connection to Official Action: The defendant caused the bodily harm either:
- To influence the action of the public officer; or
- As a result of an action taken within the public officer’s official capacity.

Jury Instruction

Wis JI-Criminal 1234

* The requirement that the defendant know there is no consent is based on the definition of “intentionally” in § 939.23(3): “. . . the actor must have knowledge of those facts which are necessary to make his conduct criminal and which are set forth after the word intentionally.

§ 940.62(1)(b) Battery to a county, city, village, or town employee

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm, without consent, to an employee of a county, city, village, or town, and that the defendant knew or should have known of the victim’s status as such an employee. The prosecution must also prove that the victim was engaged in qualifying enforcement or inspection activity, or that the defendant’s act was committed in response to such activity, and that the enforcement or inspection complied with all applicable laws, ordinances, rules, and notice requirements.

Elements of the Offense

Causing Bodily Harm: The defendant caused bodily harm to the victim.
Victim’s Status as a Municipal Employee: The victim was an employee of a county, city, village, or town.
Knowledge of Victim’s Status: At the time of the act, the defendant knew or should have known that the victim was an employee of a county, city, village, or town.
Enforcement or Inspection Activity: One of the following circumstances existed:
- At the time of the act, the victim was enforcing, or conducting an inspection for the purpose of enforcing, a state, county, city, village, or town zoning ordinance, building code, or other construction law, rule, standard, or plan; or
- The defendant’s act was committed in response to activity undertaken by the victim to enforce, or to inspect for the purpose of enforcing, such a law, ordinance, code, rule, standard, or plan.
Compliance with Applicable Law: The enforcement or inspection activity complied with any applicable law, ordinance, or rule, including any applicable notice requirement.
Without Consent: The defendant caused bodily harm without the victim’s consent.
Intent to Cause Bodily Harm: The defendant acted with the intent to cause bodily harm to the victim.

Jury Instruction

Wis JI-Criminal 1245

§ 940.62(1)(d) Battery to a technical college district or school district officer or employee

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm, without consent, to a technical college district or school district officer or employee who was acting in that capacity. The prosecution must also prove that the defendant knew or had reason to know that the victim was a technical college district or school district officer or employee acting in that capacity.

Elements of the Offense

Causes Bodily Harm: The defendant must have caused bodily harm to the victim.
Intent: The defendant must have acted intentionally in causing the bodily harm.
Victim’s Status: The victim must be a technical college district or school district officer or employee acting in their official capacity.
Knowledge of Victim’s Status: The defendant must have known or had reason to know that the victim was a technical college district or school district officer or employee.
Without Consent: The bodily harm must have been inflicted without the consent of the victim.
Knowledge: The defendant must have known that the person harmed did not consent to the causing of bodily harm.*

Jury Instruction

Wis JI-Criminal 1235

§ 940.62(1)(e)1. Battery to public transit vehicle operator, driver, or passenger

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm, without consent, to a person who was an operator, driver, or passenger in or on a public transit vehicle.

Elements of the Offense

Causing Bodily Harm: The defendant caused bodily harm to the victim.
Intent: The defendant intended to cause bodily harm to the victim or another person.
Without Consent: The victim did not consent to the causing of bodily harm.
Knowledge of Lack of Consent: The defendant knew that the victim did not consent to the causing of bodily harm.*
Victim’s Status: At the time the bodily harm was caused, the victim was an operator, driver, or passenger in or on a public transit vehicle.

Jury Instruction

Wis JI-Criminal 1236

§ 940.62(2)(a) Battery to a witness, their family member, or a person sharing a common domicile with a witness

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm, without consent, to a current or former witness, a family member of a current or former witness, or a person sharing a common domicile with a witness. The prosecution must also prove that the defendant knew or had reason to know of the victim’s protected status and caused the bodily harm in response to an action taken by the witness in an official capacity or in a legal proceeding.

Elements of the Offense

Causing Bodily Harm: The defendant caused bodily harm to the victim.
Victim’s Protected Status: The victim was:
- A current or former witness;
- A family member of a current or former witness; or
- A person sharing a common domicile with a witness.
Knowledge of Victim’s Status: At the time of the act, the defendant knew or had reason to know that the victim was a current or former witness, a family member of a current or former witness, or a person sharing a common domicile with a witness.
Act in Response to Witness’s Action: The defendant caused bodily harm to the victim in response to an action taken by the witness in an official capacity or in a legal proceeding.
Without Consent: The defendant caused bodily harm without the consent of the victim.
Intentional Conduct: The defendant acted intentionally to cause bodily harm to the victim or another person.

Jury Instruction

Wis JI-Criminal 1238A

§ 940.62(2)(a) Battery to a juror or a juror's family member

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm, without consent, to a current or former juror or to a family member of a current or former juror. The prosecution must also prove that, at the time of the act, the defendant knew or had reason to know of the victim’s protected status and that the bodily harm was caused in response to an action taken by the juror as a juror in an official capacity or in a legal proceeding.

Elements of the Offense

Causing Bodily Harm: The defendant caused bodily harm to the victim.
Victim’s Protected Status: The victim was:
- A current or former juror; or
- A family member of a current or former juror.*
Knowledge of Victim’s Status: At the time of the act, the defendant knew or had reason to know that the victim was a current or former juror or a family member of a current or former juror.
Act in Response to the Juror’s Action: The defendant caused bodily harm to the victim in response to any action taken in an official capacity or in a legal proceeding by the juror as a juror.
Without Consent: The defendant caused bodily harm without the victim’s consent.
Intent: The defendant acted with the intent to cause bodily harm to the victim or another person.

Jury Instruction

Wis JI-Criminal 1232A

* For purposes of this offense, “family member” means a spouse, child, stepchild, foster child, parent, legal guardian, sibling, grandparent, or grandchild.

§ 940.62(2)(a) Battery to current or former judges or their family members

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm, without consent, to a current or former judge or to a family member of a current or former judge. The prosecution must also prove that the defendant knew or has reason to know of the victim’s protected status and that the bodily harm was caused in response to an action taken by the judge in the judge’s official capacity.

Elements of the Offense

Causing Bodily Harm: The defendant caused bodily harm to the victim.
Victim’s Protected Status: The victim was:
- A current or former judge; or
- A family member of a current or former judge.*
Knowledge of Victim’s Status: At the time of the act, the defendant knew or had reason to knows that the victim was a current or former judge or a family member of a current or former judge.**
Response to Official Action: The defendant caused bodily harm to the victim in response to an action taken by the judge in the judge’s official capacity.
Without Consent: The defendant caused bodily harm to the victim without the victim’s consent.
Intent to Cause Bodily Harm: The defendant acted with the intent to cause bodily harm to the victim or another person.

Jury Instruction

Wis JI-Criminal 1240A

* “Family member” means a spouse, child, stepchild, foster child, parent, legal guardian, sibling, grandparent, or grandchild.

§ 940.62(2)(a) Battery to current or former prosecutors or law enforcement officers, or their family members

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm, without consent, to a current or former prosecutor or law enforcement officer, or to a family member of a current or former prosecutor or law enforcement officer. At the time of the act, the defendant must have known or had reason to know of the victim’s qualifying status, and the bodily harm must have been caused in response to an action taken in the prosecutor’s or law enforcement officer’s official capacity.

Elements of the Offense

Causing Bodily Harm: The defendant caused bodily harm to the victim.
Victim’s Status: The victim was:
- A current or former prosecutor;
- A current or former law enforcement officer; or
- A family member of a current or former prosecutor or law enforcement officer.*
Knowledge of Victim’s Status: At the time of the act, the defendant knew or had reason to know that the victim was a current or former prosecutor or law enforcement officer, or a family member of a current or former prosecutor or law enforcement officer.
Response to Official Action: The defendant caused the bodily harm in response to an action taken in the prosecutor’s or law enforcement officer’s official capacity.
Without Consent: The defendant caused bodily harm to the victim without the victim’s consent.
Intent: The defendant acted with the intent to cause bodily harm to the victim.

Jury Instruction

Wis JI-Criminal 1240C

* “Family member” means a spouse, child, stepchild, foster child, parent, legal guardian, sibling, grandparent, or grandchild.

§ 940.62(2)(a) Battery to guardians ad litem, corporation counsel, advocates, or attorneys, or their family members

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused bodily harm to a current or former guardian ad litem, corporation counsel, advocate, or attorney, or to a member of the family of any current or former guardian ad litem, corporation counsel, advocate, or attorney, with the intent to cause such harm and without the consent of the person harmed, and that at the time of the act the defendant knew or had reason to know of the victim’s status, and that the act was done in response to any action taken in an official capacity or in a legal proceeding.

Elements of the Offense

Causing Bodily Harm: The defendant caused bodily harm to the victim.
Victim’s Status: The victim was:
- A current or former guardian ad litem;
- A current or former corporation counsel;
- A current or former advocate;
- A current or former attorney; or
- A family member of a current or former guardian ad litem, corporation counsel, advocate, or attorney.*
Knowledge of Victim’s Status: At the time of the act, the defendant knew or had reason to know that the victim had one of the qualifying statuses described above.
Response to Official Action or Legal Proceeding: The defendant caused bodily harm in response to an action taken in the guardian ad litem’s, corporation counsel’s, advocate’s, or attorney’s official capacity or in a qualifying legal proceeding.
Without Consent: The defendant caused bodily harm to the victim without the victim’s consent.
Intent: The defendant acted with the intent to cause bodily harm to the victim.

Jury Instruction

Wis JI-Criminal 1241A

* “Family member” means a spouse, child, stepchild, foster child, parent, legal guardian, sibling, grandparent, or grandchild.

§ 940.62(2)(b) Battery to probation, extended supervision, or parole agents, community supervision agents, and aftercare agents or their family members

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm, without consent, to a probation, extended-supervision, or parole agent, a community-supervision agent, an aftercare agent, or a family member of such an agent. At the time of the act, the defendant must have known or had reason to know of the victim’s qualifying status, and the act must have been in response to an action taken by the agent while acting in an official capacity.

Elements of the Offense

Causing Bodily Harm: The defendant caused bodily harm to the victim.
Victim’s Status: The victim was:
- A probation, extended-supervision, or parole agent;
- A community-supervision agent;
- An aftercare agent; or
- A family member of one of those agents.*
Knowledge of Victim’s Status: At the time of the act, the defendant knew or had reason to know that the victim was a probation, extended-supervision, or parole agent, a community-supervision agent, an aftercare agent, or a family member of such an agent.
Response to Official Action: The act was in response to an action taken by the agent while acting in an official capacity. An agent acts in an official capacity when performing duties that the agent is employed to perform.
Without Consent: The defendant caused bodily harm to the victim without the victim’s consent.
Intent: The defendant acted with the intent to cause bodily harm to the victim, and knew that the victim did not consent.**

Jury Instruction

Wis JI-Criminal 1231

* “Family member” means a spouse, child, stepchild, foster child, parent, legal guardian, sibling, grandparent, or grandchild.

** The requirement that the defendant know there is no consent is based on the definition of “intentionally” in § 939.23(3): “. . . the actor must have knowledge of those facts which are necessary to make his conduct criminal and which are set forth after the word intentionally.”

§ 940.62(2)(c) Battery to Department of Revenue officials, employees, or agents, or their family members

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm, without consent, to a Department of Revenue official, employee, or agent, or to a family member of such a person. At the time of the act, the defendant must have known or should have known of the victim’s qualifying status. In addition, the Department of Revenue official, employee, or agent must have been acting in an official capacity at the time of the act, or the bodily harm must have been caused in response to an action taken in that official capacity.

Elements of the Offense

Causing Bodily Harm: The defendant caused bodily harm to the victim.
Victim’s Status: The victim was:
- A Department of Revenue official, employee, or agent; or
- A family member of a Department of Revenue official, employee, or agent.*
Knowledge of Victim’s Status: At the time of the act, the defendant knew or should have known that the victim was a Department of Revenue official, employee, or agent, or a family member of such a person.
Official Capacity or Response to Official Action: Either:
- The Department of Revenue official, employee, or agent was acting in an official capacity at the time of the act; or
- The act was in response to an action taken in the Department of Revenue official’s, employee’s, or agent’s official capacity.
Without Consent: The defendant caused bodily harm to the victim without the victim’s consent.
Intent: The defendant acted with the intent to cause bodily harm to the victim, and knew that the victim did not consent.*

Jury Instruction

Wis JI-Criminal 1242

* “Family member” means a spouse, child, stepchild, foster child, parent, legal guardian, sibling, grandparent, or grandchild.

§ 940.62(2)(c) Battery to department of safety and professional services or Department of Workforce Development officials, employees, or agents, or their family members

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm, without consent, to an official, employee, or agent of the Department of Safety and Professional Services or the Department of Workforce Development, or to a family member of such a person. At the time of the act, the defendant must have known or should have known of the victim’s qualifying status. In addition, the department official, employee, or agent must have been acting in an official capacity at the time of the act, or the act must have been committed in response to an action taken in that person’s official capacity.

Elements of the Offense

Causing Bodily Harm: The defendant caused bodily harm to the victim.
Victim’s Status: The victim was an official, employee, or agent of the Department of Safety and Professional Services or the Department of Workforce Development, or a family member of such an official, employee, or agent.
Knowledge of Victim’s Status: At the time of the act, the defendant knew or should have known of the victim’s qualifying status.
Official-Capacity Connection: Either:
- the department official, employee, or agent was acting in an official capacity at the time of the act; or
- the act was committed in response to an action taken in the official, employee, or agent’s official capacity.
Without Consent: The defendant caused the bodily harm without the victim’s consent.
Intent: The defendant acted with the intent to cause bodily harm to the victim, and knew that the victim did not consent.**

Jury Instruction

Wis JI-Criminal 1244

* A “family member” for purposes of this offense means a spouse, child, stepchild, foster child, parent, legal guardian, sibling, grandparent, or grandchild.

§ 940.62(2)(d) Battery to firefighters and commission wardens

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm, without consent, to a firefighter or commission warden who was acting in an official capacity. The prosecution must also prove that the defendant knew or had reason to know that the victim was a firefighter or commission warden acting in an official capacity.

Elements of the Offense

Causing Bodily Harm: The defendant caused bodily harm to the victim.
Victim’s Status: The victim was a firefighter or commission warden.
Official Capacity: At the time of the offense, the victim was acting in an official capacity.
Knowledge of Status and Official Capacity: The defendant knew or had reason to know that the victim was a firefighter or commission warden acting in an official capacity.
Without Consent: The defendant caused bodily harm to the victim without the victim’s consent.
Intent: The defendant acted with the intent to cause bodily harm to the victim, and knew that the victim did not consent.*

Jury Instruction

Wis JI-Criminal 1230

§ 940.62(2)(e) Battery to health care providers and staff or their family members

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm, without consent, to a current or former health care provider, to a person who works or formerly worked in a health care facility, or to a family member of such a person. At the time of the act, the defendant must have known or should have known of the victim’s qualifying status. The act also must have been in response to an action by the health care provider acting in that capacity, an action occurring at the health care facility, or an action taken by an official, employee, or agent of the health care facility acting in an official capacity.

Elements of the Offense

Causing Bodily Harm: The defendant caused bodily harm to the victim.
Victim’s Status: The victim was:
- A current or former health care provider;
- A person who works or formerly worked in a health care facility; or
- A family member of a current or former health care provider or a person who works or formerly worked in a health care facility.*
Knowledge of Victim’s Status: At the time of the act, the defendant knew or should have known that the victim had one of the qualifying statuses described above.
Response to Health-Care-Related Action: The act was in response to:
- An action by the health care provider acting in that capacity;
- An action occurring at the health care facility; or
- An action taken by an official, employee, or agent of the health care facility acting in an official capacity.
Without Consent: The defendant caused bodily harm to the victim without the victim’s consent.
Intent: The defendant acted with the intent to cause bodily harm to the victim, and knew that the victim did not consent.**

Jury Instruction

Wis JI-Criminal 1247A

* “Family member” means a spouse, child, stepchild, foster child, parent, legal guardian, sibling, grandparent, or grandchild.

§ 940.65(1) Battery to an unborn child

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused bodily harm to an unborn child by an act done with the intent to cause bodily harm to that unborn child, to the woman who was pregnant with that unborn child, or to another human being.

Elements of the Offense

Causing Bodily Harm to an Unborn Child: The defendant caused bodily harm to an unborn child.
Intent: The defendant intended to cause bodily harm to the unborn child, to the woman who was pregnant with the unborn child, or to another human being.

Jury Instruction

Wis JI-Criminal 1227

§ 940.65(2) Substantial battery to an unborn child

Summary

To be guilty of this offense, the prosecution must prove that the defendant caused substantial bodily harm to an unborn child by an act done with the intent to cause bodily harm to that unborn child, to the woman who was pregnant with that unborn child, or to another human being.

Elements of the Offense

Causing Substantial Bodily Harm to an Unborn Child: The defendant caused substantial bodily harm to an unborn child. The defendant’s act must have been a substantial factor in producing the substantial bodily harm.
Intent: The defendant intended to cause bodily harm to the unborn child, to the woman who was pregnant with the unborn child, or to another human being

Jury Instruction

Wis JI-Criminal 1227

Updated July 2026

Wisconsin State Law Library