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Wisconsin Statutory Elements and Consequences

Chapter 940 Crimes Against Life and Bodily Security

The Wisconsin Statutory Elements and Consequences 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. 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.

Table of contents

 

§ 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

  1. Causes Death: The defendant must have caused the death of another human being.
  2. Intent: The defendant must have acted with the intent to kill either the person who died or another person.
  3. 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

  1. Substantial Steps: The defendant must have taken substantial steps toward causing the death of another human being.
  2. Intent: The defendant must have acted with the intent to kill either the intended victim or another person.
  3. 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

  1. Recklessly Causing Death: The defendant must have recklessly caused the death of another human being.
  2. 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

  1. 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.
  2. Controlled Substance: The substance alone or mixed with other substances contained a controlled substance.
  3. Knowledge: The defendant knew or believed that the substance alone or mixed with other substances contained a controlled substance.*
  4. 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.
  5. 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

  1. Causes Death: The defendant must have caused the death of another human being.
  2. 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:

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

  1. Causes Death: The defendant must have caused the death of another human being.
  2. 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

  1. Causes Death: The defendant must have caused the death of another human being.
  2. 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

  1. Causes Death: The defendant must have caused the death of another human being.
  2. Negligent Operation or Handling: The defendant must have operated or handled a dangerous weapon, explosives, or fire in a negligent manner.
  3. 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

  1. Causes Death: The defendant must have caused the death of another human being.
  2. Operation or Handling of a Vehicle: The defendant must have been operating or handling a vehicle at the time of the incident.
  3. 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

  1. Causes Death: The defendant must have caused the death of another human being.
  2. Operation or Handling of a Vehicle: The defendant must have been operating or handling a vehicle at the time of the incident.
  3. 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

  1. Causes Death: The defendant must have caused the death of another human being.
  2. 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.
  3. 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

  1. Causes Death: The defendant must have caused the death of another human being.
  2. 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.
  3. 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

  1. Causes Death: The defendant must have caused the death of another human being.
  2. 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.
  3. 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

  1. Causes Death: The defendant must have caused the death of another human being.
  2. Negligent Operation or Handling of a Vehicle: The defendant must have been operating or handling a vehicle in a negligent manner.
  3. 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

  1. Mutilation, Disfigurement, or Dismemberment: The defendant must have mutilated, disfigured, or dismembered a human corpse.
  2. 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

  1. Hiding or Burying a Corpse: The defendant must have hidden or buried a corpse.
  2. Intent: The defendant must have acted with the intent to either:
    • Conceal a crime, or
    • Avoid apprehension, prosecution, or conviction for a crime.
  3. Intent (Alternative Intent): Alternatively, the defendant must have acted with the intent to collect benefits under certain public assistance programs, including:

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

  1. Intent: The defendant must have acted with the intent that another person take their own life.
  2. Assisting Suicide: The defendant must have provided some form of assistance to the person in committing or attempting to commit suicide.
  3. 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

 

§ 940.19(1) Simple battery

Summary

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

Elements of the Offense

  1. Causes Bodily Harm: The defendant must have caused bodily harm to another person.
  2. Intent: The defendant must have acted with the intent to cause bodily harm to the victim or another person.
  3. Without Consent: The bodily harm must have been inflicted without the consent of the person harmed.
  4. Knowledge: The defendant must have known that the person harmed did not consent.*

Jury Instruction

Wis JI-Criminal 1220

* 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’.”

 

§ 940.19(2) Substantial Battery: intent to cause bodily harm

Summary

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

Elements of the Offense

  1. Causing Substantial Bodily Harm: The defendant must have caused substantial bodily harm to another person.
  2. Intent: The defendant must have acted with the intent to cause bodily harm to the victim or another person.

Jury Instruction

Wis JI-Criminal 1222

 

§ 940.19(4) 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 with the intent to cause bodily harm to that person or another.

Elements of the Offense

  1. Causing Great Bodily Harm: The defendant must have caused great bodily harm to another person.
  2. Intent: The defendant must have acted with the intent to cause bodily harm to the victim or another person.

Jury Instruction

Wis JI-Criminal 1224

 

§ 940.19(5) 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 with the intent to cause great bodily harm to that person or another.

Elements of the Offense

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

Jury Instruction

Wis JI-Criminal 1225

 

§ 940.19(6) 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 through conduct that created a substantial risk of great bodily harm. If the person harmed has a discernible or known physical disability, a rebuttable presumption arises that the conduct created a substantial risk of great bodily harm.

Elements of the Offense

  1. Causing Bodily Harm: The defendant must have caused bodily harm to another person.
  2. Intent: The defendant must have acted intentionally in causing the bodily harm.
  3. Substantial Risk of Great Bodily Harm: The defendant’s conduct must have created a substantial risk of great bodily harm.
  4. 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’.”

 

§ 940.20(1) Battery by prisoner

Summary

To be guilty of this offense, the prosecution must prove that the defendant, a prisoner confined in a state prison or other detention facility, intentionally caused bodily harm or a soft tissue injury to an officer, employee, visitor, or another inmate without that person’s consent.

Elements of the Offense

  1. Prisoner Status: The defendant must be a prisoner confined to a state prison or another state, county, or municipal detention facility.
  2. 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.
  3. Intent: The defendant must have acted intentionally in causing the harm or injury.
  4. Victim’s Status: The victim must be an officer, employee, visitor, or another inmate of the prison or detention facility.
  5. Without Consent: The harm or injury must have been inflicted without the consent of the victim.
  6. 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

* 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’.”

 

§ 940.20(1g) Battery by certain committed persons

Summary

To be guilty of this offense, the prosecution must prove that the defendant, a person detained or committed under specific civil commitment statutes, intentionally caused bodily harm to an officer, employee, agent, visitor, or another resident of the facility, without that person's consent.

Elements of the Offense

  1. 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).
  2. Causing Bodily Harm: The defendant must have caused bodily harm to the victim.
  3. Intent: The defendant must have acted intentionally in causing the bodily harm.
  4. Victim’s Status: The victim must be an officer, employee, agent, visitor, or another resident of the facility.
  5. Without Consent: The bodily harm must have been inflicted without the consent of the victim.
  6. 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).

 

§ 940.20(1m) Battery by a person subject to an injunction

Summary

To be guilty of this offense, the prosecution must prove that the defendant, while subject to an injunction under specific statutes, intentionally caused bodily harm to the petitioner who sought the injunction, without the petitioner’s consent.

Elements of the Offense

  1. Subject to an Injunction: The defendant must be subject to one of the following types of injunctions:
    • An injunction under s. 813.12 (domestic abuse restraining order) or a tribal injunction filed under s. 813.128(3g), or
    • An injunction under s. 813.125 (harassment restraining order).
  2. Causing Bodily Harm: The defendant must have caused bodily harm to the petitioner who sought the injunction.
  3. Intent: The defendant must have acted intentionally in causing the bodily harm.
  4. Petitioner as Victim: The victim of the bodily harm must be the petitioner who sought the injunction.
  5. Without Consent: The bodily harm must have been inflicted without the consent of the petitioner.
  6. Knowledge: The defendant must have known the person harmed had petitioned for the injunction and must have known that they 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.”

 

§ 940.20(2) Battery to firefighter or commission warden

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm to a firefighter or commission warden acting in an official capacity, with knowledge or reason to know the victim's role, and without the victim’s consent.

Elements of the Offense

  1. Causes Bodily Harm: The defendant must have caused bodily harm to the victim.
  2. Intent: The defendant must have acted intentionally in causing the bodily harm.
  3. Victim’s Status: The victim must be:
    • A firefighter, as defined in s. 102.475(8)(b), or
    • A commission warden, acting in their official capacity.
  4. Official Capacity: The victim was acting in an official capacity.
  5. Knowledge: The defendant must have known or had reason to know that the victim was a firefighter or commission warden acting in an official capacity.
  6. Without Consent: The bodily harm must have been inflicted without the consent of the victim.
  7. Knowledge: The defendant must have known that the victim did not consent to the causing of bodily harm.*

Jury Instruction

Wis JI-Criminal 1230

* 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.”

 

§ 940.20(2m) Battery or threat to a probation, extended supervision and parole agent, community supervision agent, or an aftercare agent

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused or threatened to cause bodily harm to a probation, extended supervision, or parole agent, a community supervision agent, an aftercare agent, or a family member of such an agent under specific circumstances.

Elements of the Offense

  1. Causes or Threatening Bodily Harm: The defendant must have:
    • Intentionally caused bodily harm to the victim, or
    • Threatened to cause bodily harm to the victim.
  2. Victim’s Status: The victim must be either:
    • A probation, extended supervision, or parole agent,
    • A community supervision agent,
    • An aftercare agent, or
    • A family member of one of the agents listed above.
  3. Knowledge: At the time of the act or threat, the defendant must have known or had reason to know that the victim was one of the agents listed above or a member of the agent’s family.
  4. Official Capacity: The act or threat must have been made in response to any action taken by the agent in their official capacity.
  5. Without Consent: The act of causing or threatening bodily harm must have been done without the consent of the person harmed or threatened.
  6. Knowledge: The defendant must have known that the victim did not consent to the causing or threatening to cause bodily harm.*

Jury Instruction

Wis JI-Criminal 1231

* 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.”

 

§ 940.20(3) Battery to a juror

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm to a person because the victim served as a juror and participated in a verdict or indictment. The defendant must have known or had reason to know that the victim was a juror, and the harm must have been inflicted without the victim's consent.

Elements of the Offense

  1. Causes Bodily Harm: The defendant must have caused bodily harm to the victim.
  2. Intent: The defendant must have acted intentionally in causing the bodily harm.
  3. Victim’s Status as a Juror: The defendant must have known or had reason to know that the victim was or had been a grand or petit juror.
  4. In Retaliation for a Verdict or Indictment: The bodily harm must have been inflicted because of a verdict or indictment that the juror participated in or assented to.
  5. Without Consent: The bodily harm must have been inflicted without the consent of the juror.
  6. Knowledge: The defendant must have known that the juror did not consent to the causing of bodily harm.*

Jury Instruction

Wis JI-Criminal 1232

* 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.”

 

§ 940.20(4) 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

  1. Causes Bodily Harm: The defendant must have caused bodily harm to the public officer.
  2. Intent: The defendant must have acted intentionally in causing the bodily harm.
  3. Victim’s Status as a Public Officer: The victim must be a public officer.
  4. Intent to Influence or Retaliate: The bodily harm must have been caused either:
    • To influence the action of the public officer, or
    • In retaliation for an action taken by the public officer within their official capacity.
  5. Without Consent: The bodily harm must have been inflicted without the consent of the public officer.
  6. Knowledge: The defendant must have known that the public officer did not consent to the causing of bodily harm.*

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.

 

§ 940.20(5) 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 to a technical college district or school district officer or employee, knowing or having reason to know the victim’s status as such, and that the bodily harm was inflicted without the victim’s consent.

Elements of the Offense

  1. Causes Bodily Harm: The defendant must have caused bodily harm to the victim.
  2. Intent: The defendant must have acted intentionally in causing the bodily harm.
  3. Victim’s Status: The victim must be a technical college district or school district officer or employee acting in their official capacity.
  4. 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.
  5. Without Consent: The bodily harm must have been inflicted without the consent of the victim.
  6. 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

* 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.

 

§ 940.20(6) Battery to a 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 to another person under specific circumstances involving public transit vehicles, such as while the victim is an operator, driver, or passenger, or in situations where the defendant forces the victim off or prevents access to a public transit vehicle.

Elements of the Offense

  1. Causes Bodily Harm: The defendant must have caused bodily harm to the victim.
  2. Intent: The defendant must have acted intentionally in causing the bodily harm.
  3. Circumstances Involving Public Transit: The bodily harm must have occurred under one of the following circumstances:
    • While the victim is an operator, driver, or passenger: The harm occurred while the victim was an operator, driver, or passenger in or on a public transit vehicle.
    • After forcing the victim to leave the vehicle: The harm occurred after the defendant forced or directed the victim to leave the public transit vehicle.
    • While preventing access to the vehicle: The harm occurred as the defendant prevented or attempted to prevent the victim from gaining lawful access to the public transit vehicle.

Jury Instruction

Wis JI-Criminal 1236

 

§ 940.201 Battery or threat to a witness

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused or threatened bodily harm to a person because they, or a family member or cohabitant, attended or testified as a witness.

Elements of the Offense

  1. Causes or Threatening Bodily Harm: The defendant must have:
  2. Victim’s Status as a Witness or Related Person:
    • The victim must have been a witness who attended or testified, and the defendant must have known or had reason to know the victim was a witness.
    • The victim must be a family member of a witness or someone sharing a common domicile with a witness, and the defendant must have known or had reason to know of the witness relationship.
  3. Connection to Testimony or Attendance: The harm or threat must be made because of the person having attended or testified as a witness.
  4. Without Consent: The harm or threat must have been made without the consent of the person harmed or threatened.
  5. Knowledge: The defendant must have known that the person harmed or threatened did not consent to the causing or threating to cause bodily harm.*

Jury Instruction

Wis JI-Criminal 1238

* 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.

 

§ 940.203(2) Battery or threat to a judge

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused or threatened bodily harm to a judge or their family member under specific circumstances related to the official capacity of the judge.

Elements of the Offense

  1. Causes or Threatening Bodily Harm: The defendant must have:
    • Intentionally caused bodily harm to the victim, or
    • Threatened to cause bodily harm to the victim. A threat requires a true threat.
  2. Victim’s Status: The victim must be a judge or a family member of a judge.
  3. Knowledge of Victim’s Status: At the time of the act or threat, the defendant must have known or should have known that the victim is a judge or a member of their family.
  4. Response to Official Action: The act or threat must have been in response to an action taken by a judge in their official capacity.
  5. Without Consent: The harm or threat must have been made without the consent of the person harmed or threatened.
  6. Knowledge: The defendant must have known that the person harmed or threatened did not consent to the causing of or threating to cause bodily harm.*

Jury Instruction

Wis JI-Criminal 1240A
Wis JI-Criminal 1240B

* 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.

 

§ 940.203(2) Battery or threat to a prosecutor or law enforcement officer

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused or threatened bodily harm to a judge or their family member under specific circumstances related to the official capacity of the judge.

Elements of the Offense

  1. Causes or Threatening Bodily Harm: The defendant must have:
    • Intentionally caused bodily harm to the victim, or
    • Threatened to cause bodily harm to the victim. A threat requires a true threat.
  2. Victim’s Status: The victim must be a prosecutor or law enforcement officer, or a family member of a prosecutor or law enforcement officer.
  3. Knowledge of Victim’s Status: At the time of the act or threat, the defendant must have known or should have known that the victim is a prosecutor or law enforcement officer, or a family member of a prosecutor or law enforcement officer.
  4. Response to Official Action: The act or threat must have been in response to an action taken by a prosecutor or law enforcement officer in their official capacity.
  5. Without Consent: The harm or threat must have been made without the consent of the person harmed or threatened.
  6. Knowledge: The defendant must have known that the person harmed or threatened did not consent to the causing of or threating to cause bodily harm.*

Jury Instruction

Wis JI-Criminal 1240C
Wis JI-Criminal 1240D

* 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.

 

§ 940.203(3) Battery or threat to a guardian ad litem, corporation counsel, advocate, or attorney

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused or threatened bodily harm to a current or former guardian ad litem, corporation counsel, advocate, attorney, or their family member in retaliation for actions taken in their official capacity.

Elements of the Offense

  1. Causes or Threatening Bodily Harm: The defendant must have:
    • Intentionally caused bodily harm to the victim, or
    • Threatened to cause bodily harm to the victim. A threat requires a true threat.
  2. Victim’s Status: The victim must be:
    • A current or former guardian ad litem, corporation counsel, advocate, or attorney, or
    • A family member of a current or former guardian ad litem, corporation counsel, advocate, or attorney.
  3. Knowledge of Victim’s Status: At the time of the act or threat, the defendant must have known or should have known that the victim held one of the specified roles or was a family member of someone in one of these roles.
  4. Response to Official Action: The act or threat must have been in response to an action taken by the guardian ad litem, corporation counsel, advocate, or attorney in their official capacity in a proceeding under one of the following chapters:
  5. Without Consent: The harm or threat must have been made without the consent of the person harmed or threatened.
  6. Knowledge: The defendant must have known that the person harmed or threatened did not consent to the causing of or threating to cause bodily harm.*

Jury Instruction

Wis JI-Criminal 1241A
Wis JI-Criminal 1241B

* 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.

 

§ 940.204(2) Battery or threat to a staff member of a health care facility

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused or threatened bodily harm to a person who works or has worked in a health care facility, or to a family member of such a person, in retaliation for actions taken in a health care facility.

Elements of the Offense

  1. Causes or Threatening Bodily Harm: The defendant must have:
  2. Victim’s Status: The victim must:
    • Work or have formerly worked in a health care facility, or
    • Be a family member of someone who works or formerly worked in a health care facility.
  3. Knowledge of Victim’s Status: At the time of the act or threat, the defendant must have known or should have known that the victim was a current or former health care worker or a family member of such a worker.
  4. Response to Health Care Facility Actions: The act or threat must have been made in response to:
    • An action that occurred at the health care facility, or
    • An action taken by an official, employee, or agent of the health care facility while acting in their official capacity.
  5. Without Consent: The bodily harm or threat must have been inflicted without the consent of the person harmed or threatened.
  6. Knowledge: The defendant must have known that the person harmed or threatened did not consent to the causing of or threating to cause bodily harm.*

Jury Instruction

Wis JI-Criminal 1247A

* 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.

 

§ 940.204(3) Battery or threat to a health Care provider

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused or threatened bodily harm to a health care provider, or to a family member of a health care provider, in retaliation for actions taken by the health care provider in their professional capacity.

Elements of the Offense

  1. Causes or Threatening Bodily Harm: The defendant must have:
  2. Victim’s Status: The victim must be:
    • A health care provider, or
    • A family member of a health care provider.
  3. Knowledge of Victim’s Status: At the time of the act or threat, the defendant must have known or should have known that the victim is a health care provider or a family member of a health care provider.
  4. Response to Health Care Provider’s Actions: The act or threat must have been made in response to an action taken by the health care provider while acting in their official capacity as a health care provider.
  5. Without Consent: The bodily harm or threat must have been inflicted without the consent of the person harmed or threatened.
  6. Knowledge: The defendant must have known that the person harmed or threatened did not consent to the causing of or threating to cause bodily harm.*

Jury Instruction

Wis JI-Criminal 1247B

* 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.

 

§ 940.205 Battery or threat to a Department of Revenue employee

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused or threatened bodily harm to a Department of Revenue official, employee, or agent, or their family member, in retaliation for actions taken in the official capacity of the official, employee, or agent.

Elements of the Offense

  1. Causes or Threatening Bodily Harm: The defendant must have:
  2. Victim’s Status: The victim must be:
    • A Department of Revenue official, employee, or agent, or
    • A family member of such a person.
  3. Knowledge of Victim’s Status: At the time of the act or threat, the defendant must have known or should have known that the victim is a Department of Revenue official, employee, agent, or a family member of such a person.
  4. Response to Official Action:
    • The official, employee, or agent must have been acting in their official capacity at the time of the act or threat, or
    • The act or threat must have been in response to an action taken by the official, employee, or agent in their official capacity.
  5. Without Consent: The harm or threat must have been inflicted without the consent of the person harmed or threatened.
  6. Knowledge: The defendant must have known that the person harmed or threatened did not consent to the causing of or threating to cause bodily harm.*

Jury Instruction

Wis JI-Criminal 1242

* 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.

 

§ 940.207 Battery or threat to a Department of Safety and Professional Services or Department of Workforce Development Employee

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused or threatened bodily harm to a Department of Safety and Professional Services or Department of Workforce Development official, employee, or agent, or their family member, in retaliation for actions taken in the official capacity of the official, employee, or agent.

Elements of the Offense

  1. Causes or Threatening Bodily Harm: The defendant must have:
  2. Victim’s Status: The victim must be:
    • A Department of Safety and Professional Services or Department of Workforce Development official, employee, or agent, or
    • A family member of such a person.
  3. Knowledge of Victim’s Status: At the time of the act or threat, the defendant must have known or should have known that the victim is a Department of Safety and Professional Services or Department of Workforce Development official, employee, agent, or a family member of such a person.
  4. Response to Official Action:
    • The official, employee, or agent must have been acting in their official capacity at the time of the act or threat, or
    • The act or threat must have been in response to an action taken by the official, employee, or agent in their official capacity.
  5. Without Consent: The harm or threat must have been inflicted without the consent of the person harmed or threatened.
  6. Knowledge: The defendant must have known that the person harmed or threatened did not consent to the causing of or threating to cause bodily harm.*

Jury Instruction

Wis JI-Criminal 1244

* 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.

 

§ 940.208 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 to an employee of a county, city, village, or town who was enforcing or inspecting for compliance with construction-related laws or ordinances, and the defendant knew or should have known of the victim’s role.

Elements of the Offense

  1. Causes Bodily Harm: The defendant must have caused bodily harm to the victim.
  2. Intent: The defendant must have acted with the intent to cause bodily harm to the victim.
  3. Victim’s Status as a Municipal Employee: The victim must be an employee of a county, city, village, or town.
  4. Knowledge of Victim’s Status: At the time of the act, the defendant must have known or should have known that the victim was an employee of a county, city, village, or town.
  5. Victim’s Role in Enforcement or Inspection: The victim must have been 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 at the time of the act, or the act must have been in response to such enforcement or inspection activity.
  6. Compliance with Law: The enforcement or inspection must comply with any applicable law, ordinance, or rule, including any required notices.
  7. Without Consent: The bodily harm must have been inflicted without the consent of the victim.
  8. Knowledge: The defendant must have known that the person harmed did not consent to the causing of cause bodily harm.*

Jury Instruction

Wis JI-Criminal 1245

* 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.

 

§ 940.21 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

  1. Intent to Disable or Disfigure: The defendant must have acted with the intent to disable or disfigure the victim.
  2. 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.
  3. 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

  1. Therapist Status: The defendant must be or hold themselves out to be a therapist.
  2. 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.
  3. Sexual Contact: The defendant must have intentionally had sexual contact with the patient or client.
  4. 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

  1. Sexual Contact or Sexual Intercourse: The defendant must have 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.
  2. Without Consent: The sexual contact or intercourse must have occurred without the victim’s consent.
  3. Causing Pregnancy or Great Bodily Harm: As a result of the sexual contact or intercourse, the victim must have:

Jury Instruction

Wis JI-Criminal 1201
Wis JI-Criminal 1201A

 

§ 940.225(1)(b) First degree sexual assault: sexual contact or 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 contact or sexual intercourse with another person without their consent and did so by using or threatening to use a dangerous weapon, or an article fashioned to make the victim reasonably believe it was a dangerous weapon.

Elements of the Offense

  1. Sexual Contact or Sexual Intercourse: The defendant must have 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.
  2. Without Consent: The sexual contact or intercourse must have occurred without the victim’s consent.
  3. 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.

Jury Instruction

Wis JI-Criminal 1203

 

§ 940.225(1)(c) First degree sexual assault: sexual contact or 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, while being aided or abetted by one or more other persons, had sexual contact or sexual intercourse with another person without their consent, and did so by using or threatening to use force or violence.

Elements of the Offense

  1. Sexual Contact or Sexual Intercourse: The defendant must have 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.
  2. Without Consent: The sexual contact or intercourse must have occurred without the victim’s consent.
  3. Aided or Abetted by Others: The defendant must have been aided or abetted by one or more other individuals during the assault.
  4. Use or Threat of Force or Violence: The defendant or those aiding must have used or threatened to use force or violence to accomplish the sexual assault.

Jury Instruction

Wis JI-Criminal 1205

 

§ 940.225(2)(a) Second degree sexual assault: sexual contact or 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 contact or sexual intercourse with another person without their consent, and did so by using or threatening to use force or violence.

Elements of the Offense

  1. Sexual Contact or Sexual Intercourse: The defendant must have 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.
  2. Without Consent: The sexual contact or intercourse must have occurred without the victim’s consent.
  3. Use or Threat of Force or Violence: The defendant must have used or threatened to use force or violence to carry out the sexual assault.

Jury Instruction

Wis JI-Criminal 1208

 

§ 940.225(2)(b) Second degree sexual assault: sexual contact or 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 contact or 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

  1. Sexual Contact or Sexual Intercourse: The defendant must have 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.
  2. Without Consent: The sexual contact or intercourse must have occurred without the victim’s consent.
  3. 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)(c) Second degree sexual assault: sexual contact or intercourse 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

  1. Sexual Contact or Sexual Intercourse: The defendant must have 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.
  2. Victim’s Mental Illness or Deficiency: The victim must suffer from a mental illness or deficiency that renders them temporarily or permanently incapable of appraising or understanding their own conduct.
  3. Defendant’s Knowledge of the Condition: The defendant must have known that the victim suffered from such a mental illness or deficiency at the time of the sexual contact or intercourse, and must have known that the mental condition rendered the person temporarily or permanently incapable of appraising their own conduct.

Jury Instruction

Wis JI-Criminal 1211

 

§ 940.225(2)(cm) Second degree sexual assault: sexual contact or 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 contact or 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

  1. Sexual Contact or Sexual Intercourse: The defendant must have 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.
  2. 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.
  3. Defendant’s Knowledge of Incapacity: The defendant must have had actual knowledge that the victim was incapable of giving consent due to the intoxicant.
  4. Defendant’s Purpose: The defendant must have acted with the purpose of having sexual contact or intercourse with the victim while the victim was incapable of giving consent.

Jury Instruction

Wis JI-Criminal 1212

 

§ 940.225(2)(d) Second degree sexual assault: sexual contact or 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 contact or sexual intercourse with a person who was unconscious, and that the defendant knew the person was unconscious at the time of the sexual activity.

Elements of the Offense

  1. Sexual Contact or Sexual Intercourse: The defendant must have 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.
  2. Victim’s Unconsciousness: The victim must have been unconscious at the time of the sexual contact or intercourse.
  3. Defendant’s Knowledge of Unconsciousness: The defendant must have known that the victim was unconscious at the time of the sexual contact or intercourse.

Jury Instruction

Wis JI-Criminal 1213

 

§ 940.225(2)(f) Second degree sexual assault: sexual contact or intercourse without consent while aided and 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 or sexual intercourse with another person without that person’s consent.

Elements of the Offense

  1. Sexual Contact or Sexual Intercourse: The defendant must have 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.
  2. Without Consent: The sexual contact or intercourse must have occurred without the victim’s consent. “Without consent” means that the victim did not freely agree to the sexual act.
  3. Aided or Abetted by Others: The defendant must have been aided or abetted by one or more other persons during the sexual assault.

Jury Instruction

Wis JI-Criminal 1214

 

§ 940.225(2)(g) Second degree sexual assault: sexual contact or intercourse without consent 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 contact or sexual intercourse with a person who was a patient or resident of that facility or program.

Elements of the Offense

  1. Defendant’s Employment: The defendant must have been an employee of one of the following facilities or programs:
  2. Sexual Contact or Sexual Intercourse: The defendant must have 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.
  3. 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 1215

 

§ 940.225(2)(h) Second degree sexual assault: sexual contact or 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 contact or sexual intercourse with an individual confined in a correctional institution.

Elements of the Offense

  1. Correctional Staff Status: The defendant must be a correctional staff member.
  2. Sexual Contact or Sexual Intercourse: The defendant must have 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.
  3. 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)(i) Second degree sexual assault: sexual contact or 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 contact or sexual intercourse with an individual under their supervision or influence.

Elements of the Offense

  1. 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.
  2. Sexual Contact or Sexual Intercourse: The defendant must have had sexual contact or 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.
  3. Victim’s Status: The victim must be an individual on probation, parole, or extended supervision.

Jury Instruction

Wis JI-Criminal 1217

 

§ 940.225(2)(j) Second degree sexual assault: sexual contact or 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 contact or sexual intercourse with a client of that entity.

Elements of the Offense

  1. 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.
  2. Sexual Contact or Sexual Intercourse: The defendant must have had sexual contact or sexual intercourse with the client. Sexual contact involves intentional touching of intimate parts, either directly or through clothing, for the purpose of sexual gratification, arousal, humiliation, or degradation.
  3. 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)(k) Second Degree Sexual Assault: Sexual Contact or 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 contact or sexual intercourse with a person who was detained or in custody.

Elements of the Offense

  1. Defendant’s Status as a Law Enforcement Officer: The defendant must be a law enforcement officer at the time of the sexual contact or sexual intercourse.
  2. Sexual Contact or Sexual Intercourse: The defendant must have had sexual contact or sexual intercourse with the victim.
  3. 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(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

  1. Sexual Intercourse: The defendant must have had sexual intercourse with the victim.
  2. 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

  1. 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.
  2. 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

  1. 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.
  2. 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

  1. Causing Great Bodily Harm: The defendant must have caused great bodily harm to the victim.
  2. Recklessness: The defendant’s actions must have been reckless.
  3. 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

  1. Causing Great Bodily Harm: The defendant must have caused great bodily harm.
  2. Recklessness: The defendant’s actions must have been reckless.
  3. 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

  1. Intentional Act: The defendant must have intentionally acted to impede the victim’s normal breathing or circulation of blood.
  2. 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

  1. Causing Bodily Harm: The defendant must have caused bodily harm to another person.
  2. Negligent Operation or Handling: The defendant’s operation or handling of a dangerous weapon, explosives, or fire must have been negligent.
  3. 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

  1. Operation of a Vehicle: The defendant must have been operating a vehicle at the time of the incident.
  2. Under the Influence of an Intoxicant: The defendant must have been under the influence of an intoxicant while operating the vehicle.
  3. 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

  1. Operation of a Vehicle: The defendant must have been operating a vehicle at the time of the incident.
  2. 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.
  3. 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

  1. Operation of a Vehicle: The defendant must have been operating a vehicle at the time of the incident.
  2. 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.
  3. 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

  1. Individual at Risk: The victim must be classified as an individual at risk.
  2. Abuse: The defendant must have subjected the individual at risk to abuse.
  3. Intent: The defendant must have acted intentionally, recklessly, or negligently.
  4. 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

  1. 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.
  2. Victim’s Status: The victim must be a person confined in or a resident of the institution or place of confinement.
  3. Type of Mistreatment: The defendant must have knowingly abused, neglected, or ill-treated the victim.
  4. 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

  1. 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.
  2. Person in Custody: The victim must have been in the officer’s actual or constructive custody.
  3. 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.
  4. Bodily Harm: The victim must have suffered bodily harm as a result of the officer’s failure to render or arrange for first aid.
  5. 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

  1. 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.
  2. Victim’s Status: The victim must be a patient or resident of the facility or program where the defendant works.
  3. 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.
  4. 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.
  5. 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

  1. 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.
  2. Victim’s Status: The victim must be a patient or resident of the facility or program where the defendant works.
  3. Type of Abuse: The defendant must have intentionally or recklessly neglected the victim.
  4. 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.
  5. 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

  1. Intentional Confinement or Restraint: The defendant must have intentionally confined or restrained the victim.
  2. Without Consent: The victim must not have consented to the confinement or restraint.
  3. Lack of Lawful Authority: The defendant had no lawful authority to confine or restrain the other person.
  4. 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

  1. Knowingly Engaging in Trafficking: The defendant must have knowingly engaged in trafficking.
  2. Purpose of Trafficking: The trafficking must have been done for one of the following purposes:
  3. 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)(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

  1. Knowingly Receiving Compensation: The defendant must have knowingly received compensation.
  2. 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

  1. Seizing, Confining, or Restraining: The defendant must have seized, confined, or restrained the victim.
  2. Without Consent: The act of seizing, confining, or restraining must have been done without the victim’s consent.
  3. Use of Force or Threat of Imminent Force: The defendant must have used force or threatened imminent force to carry out the act.
  4. 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

  1. 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

  1. Carrying the Victim: The defendant must have carried the victim from one place to another.
  2. Force or Threat of Imminent Force: The defendant must have used force or the threat of imminent force to carry out the act.
  3. Without Consent: The victim must not have consented to being carried or transported.
  4. 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

  1. 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

  1. Seizing or Confining the Victim: The defendant must have seized or confined the victim.
  2. Force or Threat of Imminent Force: The defendant must have used force or the threat of imminent force to seize or confine the victim.
  3. Without Consent: The seizure or confinement must have occurred without the victim’s consent.
  4. 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

  1. 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

  1. 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.
  2. Inducing Movement: The victim must have been induced by deceit to move from one place to another.
  3. 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

  1. 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

  1. Placement of a GPS Device: The defendant must have placed a global positioning device or a device equipped with GPS technology on a vehicle.
  2. Ownership or Lease of Vehicle: The vehicle on which the device was placed must be owned or leased by another person.
  3. 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

  1. Obtaining Information: The defendant must have obtained information about another person’s movement or location.
  2. Source of Information: The information must have been generated by a global positioning device or a device equipped with GPS technology.
  3. Device Placed Without Consent: The GPS device must have been placed on the other person’s vehicle or property without their consent.
  4. Intent: The defendant must have acted intentionally.
  5. 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 using a global positioning device or similar technology, 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

  1. Intentional Course of Conduct: The defendant must have intentionally engaged in a course of conduct directed at a specific person.
  2. Nature of Conduct: The conduct must be of a nature that would cause a reasonable person under the same circumstances to:
  3. 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.
  4. Knowledge of Impact: The defendant must know, or should reasonably know, that at least one of the acts in the course of conduct would cause the victim 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 1284
Wis JI-Criminal 1284A

 

§ 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

  1. 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.
  2. 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.
  3. 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.
  4. 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

  1. 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.
  2. 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.
  3. 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

  1. 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.
  2. 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.
  3. Victim’s Role: The person targeted must have been:
    • A victim of a crime, or
    • Acting on behalf of a crime victim.
  4. 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

  1. 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.
  2. 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.
  3. Victim’s Role: The person targeted must have been:
    • A victim of a crime, or
    • Acting on behalf of a crime victim.
  4. 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

 

Updated January 2025

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