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§ 948.03(2)(b) (2001-02), Harm to Child – Elements, Proof

State v. Kimberly B., 2005 WI App 115
For Kimberly B.: Anthony G. Milisauskas

Issue/Holding: “¶22      … The crime of physical abuse of a child, as applied to the matter at hand, requires proof beyond a reasonable doubt of the following three elements: (1) Kimberly caused bodily harm to Jasmine, (2) Kimberly intentionally caused such harm, and (3) Jasmine had not attained the age of eighteen years at the time of the alleged offense.  See Wis JI—Criminal 2109. …”

On this challenge to the first and second elements, the court concludes there was more than enough evidence that Kimberly intentionally caused Jasmine bodily harm, holding in the process that the harm need not be severe enough to result in medical treatment, ¶¶23-28.

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