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§ 948.02, Child Abuse — failing to protect child from sexual assault — elements — person responsible for child’s welfare.

State v. Suzette M. Ward, 228 Wis.2d 301, 596 N.W.2d 887 (Ct. App. 1999)
For Ward: Patricia L. Arreazola

Holding: The § 948.02(3) element, “person responsible for the welfare of a child,” was properly defined in jury instructions as “person employed or used by one legally responsible for the child’s welfare.” Payment, that is, isn’t required. Evidence of this element is therefore held sufficient, though the child care arrangement wasn’t fiscal. Ward gave the parents a standing offer to drop their child off at her home for baby sitting, therefore “a jury could reasonably infer that there was an implied agreement between the parents and Ward that Ward would care for their children when they were at her home.”

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