Wisconsin Criminal Jury Instructions (WCJI)
2177A SALE, LOAN, OR GIFT OF A FIREARM TO A CHILD: DEATH CAUSED — § 948.60(2)(c)
Statutory Definition of the Crime
Section 948.60(2)(c) of the Criminal Code of Wisconsin is violated by any person who intentionally sells, loans, or gives a firearm to a child if the child discharges the firearm and causes death to that child or another.
State’s Burden of Proof
Before you may find the defendant guilty of this offense, the State must prove by evidence which satisfies you beyond a reasonable doubt that the following four elements were present.
Elements of the Crime That the State Must Prove
1. The defendant intentionally (sold) (loaned) (gave) a loaded or unloaded firearm to (name of child) .
“Intentionally” means that the defendant had the purpose to (sell) (loan) (give) a firearm to (name of child) .
The term “firearm” means a weapon that acts by force of gunpowder.
2. (Name of child) had not attained the age of 18 years at the time the defendant allegedly (sold) (loaned) (gave) (him) (her) a firearm.
Knowledge of (name of child) ‘s age is not required and mistake regarding age is not a defense.
3. (Name of child) discharged the firearm and had not attained the age of 18 years at the time.
To “discharge a firearm” simply means to shoot a gun.
4. The discharge of the firearm caused the death of [ (name of child) ] [another person].
“Cause” means that the discharging of the firearm was a substantial factor in producing the death.
If you are satisfied beyond a reasonable doubt that all four elements of this offense have been proved, you should find the defendant guilty.
If you are not so satisfied, you must find the defendant not guilty.
Wis JI Criminal 2177Awas originally published in 1992. This revision was approved by the Committee in February 2009 and involved adoption of a new format and nonsubstantive changes to the text.
Section 948.60 was amended by 1991 Wisconsin Acts 18 and 139. The latter change created a new felony offense which is addressed by this instruction and applies to offenses committed on or after April 16, 1992. Subsections (2)(b) and (c) provide the penalties:
(2)(b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a child is guilty of a Class I felony.
(c) Whoever violates par. (b) is guilty of a Class H felony if the child under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.
See Wis JI Criminal 2177 for an instruction for the Class I felony offense under (2)(b).