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Wisconsin Statutory Elements and Consequences

Chapter 941 Crimes Against Public Health and Safety

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

 

§ 941.01(1) Negligent operation of vehicle

Summary

To be guilty of this offense, the prosecution must prove that the defendant operated a vehicle not upon a highway as defined in s. 340.01, and by a high degree of negligence, endangered another person’s safety.

Elements of the Offense

  1. Operation of a Vehicle: The defendant must be operating a vehicle.
  2. Not Upon a Highway: The vehicle must be operated not upon a highway as defined in s. 340.01.
  3. Endangering Safety: The operation of the vehicle must endanger another person’s safety.
  4. Negligence: The endangerment must result from a high degree of negligence.

Jury Instruction

Wis JI-Criminal 1300

 

§ 941.10 Negligent handling of burning material

Summary

To be guilty of this offense, the prosecution must prove that the defendant handled burning material in a highly negligent manner. This means handling the material with criminal negligence or under circumstances where the person should realize that a substantial and unreasonable risk of serious damage to another’s property is created.

Elements of the Offense

  1. Handling Burning Material: The defendant must handle burning material.
  2. Highly Negligent Manner: The handling must be done in a highly negligent manner.
    • Burning material is handled in a highly negligent manner if handled with criminal negligence under s. 939.25 or under circumstances in which the person should realize that a substantial and unreasonable risk of serious damage to another's property is created.

Jury Instruction

Wis JI-Criminal 1310

 

§ 941.12(1) Interfering with firefighting: a fire alarm system

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally interfered with the proper functioning of a fire alarm system.

Elements of the Offense

  1. Interferes with Fire Alarm System or Fire Fighters: The defendant must interfere with the proper functioning of a fire alarm system.
  2. Intent: The defendant must act intentionally.
  3. Knowledge: The defendant must know that they were interfering with the proper functioning of a fire alarm system.

Jury Instruction

Wis JI-Criminal 1317

 

§ 941.12(1) Interference with firefighting

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally interfered with the lawful efforts of firefighters who were engaged in extinguishing a fire.

Elements of the Offense

  1. Interferes with Fire Fighters: The defendant must interfere with the lawful efforts of firefighters.
  2. Intent: The defendant must act intentionally.
  3. Knowledge: The defendant must know that they were interfering with the lawful efforts of fire fighters to extinguish the fire.

Jury Instruction

Wis JI-Criminal 1318

 

§ 941.12(2) Interfering with firefighting: firefighting equipment

Summary

To be guilty of this offense, the prosecution must prove that the defendant interfered with, tampered with, or removed, without authorization, any fire extinguisher, fire hose, or any other firefighting equipment.

Elements of the Offense

  1. Interferes with, Tampers with, or Removes: The defendant must interfere with, tamper with, or remove any fire extinguisher, fire hose, or any other firefighting equipment.
  2. Without Authorization: The act must be done without authorization.

Jury Instruction

Wis JI-Criminal 1319

 

§ 941.13 False alarms

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally gave a false alarm to any public officer or employee, whether by means of a fire alarm system or otherwise.

Elements of the Offense

  1. Intent: The defendant must intentionally give a false alarm.
  2. Recipient: The false alarm must be given to a public officer or employee.
    • The false alarm can be given by means of a fire alarm system or by any other means.

Jury Instruction

Wis JI-Criminal 1316

 

§ 941.20(1)(a) Endangering safety by use of a dangerous weapon: negligent operation or handling

Summary

To be guilty of this offense, the prosecution must prove that the defendant negligently operated or handled a dangerous weapon, and that this negligent operation or handling endangered another person’s safety.

Elements of the Offense

  1. Negligent Operation or Handling: The defendant must negligently operate or handle a dangerous weapon.
  2. Endangers Another’s Safety: The negligent operation or handling of the dangerous weapon must endanger another person’s safety.

Jury Instruction

Wis JI-Criminal 1320

 

§ 941.20(1)(b) Endangering safety by use of a dangerous weapon: operating or going armed while under the influence of an intoxicant

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a person who operated or went armed with a firearm while under the influence of an intoxicant.

Elements of the Offense

  1. Operates or Goes Armed with a Firearm: The defendant must operate or go armed with a firearm.
  2. Under the Influence of an Intoxicant: The defendant must be under the influence of an intoxicant while operating or going armed with the firearm.

Jury Instruction

Wis JI-Criminal 1321

 

§ 941.20(1)(c) Endangering safety by use of a dangerous weapon: intentionally pointing a firearm at another

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally pointed a firearm at or toward another person, and that the act does not fall under any exceptions provided in sub. (1m).

Elements of the Offense

  1. Intentionally Points a Firearm: The defendant must intentionally point a firearm.
  2. At or Toward Another: The firearm must be pointed at or toward another person.
  3. Exceptions: The act must not fall under any exceptions provided in sub. (1m).

Jury Instruction

Wis JI-Criminal 1322

 

§ 941.20(1)(d) Endangering safety by use of a dangerous weapon: discharging a firearm within 100 yards of a building

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a person who, while on the lands of another, discharged a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. “Building” does not include any tent, bus, truck, vehicle, or similar portable unit.

Elements of the Offense

  1. Discharges a Firearm: The defendant must discharge a firearm.
  2. Location: The act must occur while the defendant is on the lands of another.
  3. Proximity: The discharge of the firearm must occur within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another.
  4. Lack of Permission: The discharge must be done without the express permission of the owner or occupant of the building.

Jury Instruction

Wis JI-Criminal 1323

 

§ 941.20(1m) Endangering safety by use of a dangerous weapon: intentionally pointing a firearm at a law enforcement officer, fire fighter, etc.

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally pointed a firearm at or toward a law enforcement officer, fire fighter, emergency medical services practitioner, emergency medical responder, ambulance driver, or commission warden, while the target was acting in an official capacity, and that the defendant knew or had reason to know that the target was one of these officials.

Elements of the Offense

  1. Intentionally Points a Firearm: The defendant must intentionally point a firearm.
  2. Target: The firearm must be pointed at or toward a law enforcement officer, fire fighter, emergency medical services practitioner, emergency medical responder, ambulance driver, or commission warden.
  3. Official Capacity: The target must be acting in an official capacity at the time of the incident.
  4. Knowledge: The defendant must know or have reason to know that the target is a law enforcement officer, fire fighter, emergency medical services practitioner, emergency medical responder, ambulance driver, or commission warden.

Jury Instruction

Wis JI-Criminal 1322A

 

§ 941.20(2)(a) Endangering safety by use of a dangerous weapon: discharging a firearm into a vehicle or a building

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally discharged a firearm into a vehicle or building under circumstances in which he or she should realize there might be a human being present.

Elements of the Offense

  1. Intentionally Discharges a Firearm: The defendant must intentionally discharge a firearm.
  2. Target: The firearm must be discharged into a vehicle or building.
  3. Circumstances: The discharge must occur under circumstances in which the defendant should realize there might be a human being present in the vehicle or building.

Jury Instruction

Wis JI-Criminal 1324

 

§ 941.20(3) Endangering safety by use of a dangerous weapon: intentionally discharging a firearm from a vehicle

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally discharged a firearm from a vehicle while on a highway (as defined in s. 340.01(22)) or on a vehicle parking lot that is open to the public, and that the discharge was either at or toward another person or at or toward any building or other vehicle.

Elements of the Offense

  1. Intentionally Discharges a Firearm: The defendant must intentionally discharge a firearm.
  2. Location: The discharge must occur from a vehicle while on a highway (as defined in s. 340.01(22)) or on a vehicle parking lot that is open to the public.
  3. Specific Circumstances:
    • The defendant discharges the firearm at or toward another person.
    • The defendant discharges the firearm at or toward any building or other vehicle.

Jury Instruction

Wis JI-Criminal 1327

 

§ 941.21 Disarming a peace officer

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally disarmed a peace officer who was acting in his or her official capacity by taking a dangerous weapon or a device or container described under s. 941.26(1g)(b) or (4)(a) from the officer without his or her consent.

Elements of the Offense

  1. Intentionally Disarms: The defendant must intentionally disarm a peace officer.
  2. Peace Officer: The peace officer must be acting in his or her official capacity.
  3. Dangerous Weapon or Device: The defendant must take a dangerous weapon or a device or container described under s. 941.26(1g)(b) or (4)(a) from the peace officer.
  4. Without Consent: The act must be done without the peace officer’s consent.

Jury Instruction

Wis JI-Criminal 1328

 

§ 941.23 Carrying a concealed weapon

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a person who carried a concealed and dangerous weapon and was not exempted by the specified categories. These categories include peace officers, certified tactical emergency medical services professionals acting in the line of duty, qualified out-of-state law enforcement officers, former officers with a specific photographic identification document, licensees as defined in s. 175.60(1)(d), out-of-state licensees as defined in s. 175.60(1)(g), and individuals who carry a concealed and dangerous weapon as defined in s. 175.60(1)(j).

Elements of the Offense

  1. Carries a Dangerous Weapon: The defendant must carry a dangerous weapon.
  2. Concealment of Weapon: The weapon must be concealed.
  3. Knowledge: The defendant was aware of the presence of the weapon.*
  4. Exemptions: The defendant must not be one of the following exempted persons:
    • A peace officer, notwithstanding s. 939.22.
    • A person who is certified as a tactical emergency medical services professional under s. 165.85(3) while acting in the line of duty.
    • A qualified out-of-state law enforcement officer.
    • A former officer who has been issued a photographic identification document described in sub. (3)(b)1.
    • A licensee, as defined in s. 175.60(1)(d), or an out-of-state licensee, as defined in s. 175.60(1)(g).
    • An individual who carries a concealed and dangerous weapon, as defined in s. 175.60(1)(j).

Jury Instruction

Wis JI-Criminal 1335

*The "aware of the presence" requirement was approved as a correct statement of the law in State v. Asfoor, where the court stated that "[c]oncealing or hiding a weapon precludes inadvertence." 75 Wis.2d 411, 415, 249 N.W.2d 529 (1976). The concept is similar to that involved for offenses requiring "possession." For cases identifying "aware of the presence" as an element of the crime, see State v. Fry and State v. Keith.

 

§ 941.231 Carrying a concealed knife

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a person who was prohibited from possessing a firearm under s. 941.29, and who went armed with a concealed knife that is a dangerous weapon.

Elements of the Offense

  1. Prohibited from Possessing a Firearm: The defendant must be prohibited from possessing a firearm under s. 941.29.
  2. Goes Armed with a Concealed Knife: The defendant must go armed with a concealed knife. *
  3. Dangerous Weapon: The knife must be a dangerous weapon.

Jury Instruction

Wis JI-Criminal 1336

*"Concealed" means hidden from ordinary observation. The knife does not have to be completely hidden. The "hidden from ordinary observation" requirement is adapted from State v. Mularkey, 201 Wis. 429, 432, 230 NW 76 (1930). Also see, State v. Asfoor, 75 Wis.2d 411, 433, 249 N.W.2d 529 (1976), which approved an instruction that included this requirement.

 

§ 941.235 Carrying a firearm in a public building

Summary

To be guilty of this offense, the prosecution must prove that the defendant went armed with a firearm in any building owned or leased by the state or any political subdivision of the state, and that the act did not fall under any of the specified exemptions.

Elements of the Offense

  1. Goes Armed with a Firearm: The defendant must go armed with a firearm.
  2. Location: The act must occur in any building owned or leased by the state or any political subdivision of the state.
  3. Exemptions: The act does not fall under the specified exemptions listed in subsection (2).

Jury Instruction

Wis JI-Criminal 1337

 

§ 941.237 Carrying a handgun where alcohol beverages may be sold and consumed

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally went armed with a handgun on any premises for which a “Class B” license or permit has been issued under chapter 125, and that the act did not fall under any of the specified exemptions.

Elements of the Offense

  1. Intentionally Goes Armed with a Handgun: The defendant must intentionally go armed with a handgun.
  2. Location: The act must occur on any premises for which a Class “B” or “Class B” license or permit has been issued under chapter 125.
  3. Exemptions: The act does not fall under the specified exemptions listed in subsection (3).

Jury Instruction

Wis JI-Criminal 1338

 

§ 941.26(1g)(a) Possession of a machine gun or other full automatic weapon

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a person who sold, possessed, used, or transported any machine gun or other full automatic firearm.

Elements of the Offense

  1. Prohibited Actions: The defendant must engage in one or more of the following actions involving a machine gun or other full automatic firearm:
    • Sell
    • Possess
    • Use
    • Transport
  2. Prohibited Items: The items involved must be any machine gun or other full automatic firearm.

Jury Instruction

Wis JI-Criminal 1341A

 

§ 941.26(4)(b) Using oleoresin of capsicum (pepper spray) to cause bodily harm or discomfort

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally used a device or container described under par. (a) (which includes any machine gun or other full automatic firearm) to cause bodily harm or bodily discomfort to another person.

Elements of the Offense

  1. Intentionally Uses a Device or Container: The defendant must intentionally use a device or container of oleoresin of capsicum described under par. (a).
  2. Causes Bodily Harm or Bodily Discomfort: The use of the device or container must cause bodily harm or bodily discomfort to another person.

Jury Instruction

Wis JI-Criminal 1341B

 

§ 941.26(4)(d) Using oleoresin of capsicum (pepper spray) to cause bodily harm to a peace officer

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally used a device or container described under par. (a) (which includes any machine gun or other full automatic firearm) to cause bodily harm or bodily discomfort to another person, and that the defendant knew, or had reason to know, that the person was a peace officer acting in an official capacity.

Elements of the Offense

  1. Intentionally Uses a Device or Container: The defendant must intentionally use a device or container of oleoresin of capsicum described under par. (a).
  2. Causes Bodily Harm or Bodily Discomfort: The use of the device or container must cause bodily harm or bodily discomfort to another person.
  3. Knowledge: The defendant must know, or have reason to know, that the person harmed or discomforted is a peace officer.
  4. Official Capacity: The peace officer must be acting in an official capacity at the time of the incident.

Jury Instruction

Wis JI-Criminal 1341C

 

§ 941.26(L) Possession of oleoresin of capsicum (pepper spray) by a convicted felon

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a person who had been convicted of a felony in this state or convicted of a crime elsewhere that would be a felony if committed in this state, and that the defendant possessed a device or container described under par. (a). The prosecution must also prove that the defendant had not received a pardon for the felony or crime.

Elements of the Offense

  1. Person: The defendant must be a person who has been convicted of a felony in this state or convicted of a crime elsewhere that would be a felony if committed in this state.
  2. Possession: The defendant must possess a device or container of oleoresin of capsicum described under par. (a).
  3. Exceptions: The offense does not apply if the person has received a pardon for the felony or crime.

Jury Instruction

Wis JI-Criminal 1341D

 

§ 941.28 Possession of a short-barreled shotgun or rifle

Summary

To be guilty of this offense, the prosecution must prove that the defendant engaged in one or more of the following activities involving a short-barreled shotgun or short-barreled rifle: selling or offering to sell, transporting, purchasing, possessing, or going armed with such a firearm.

Elements of the Offense

  1. Prohibited Actions: The defendant must engage in one or more of the following activities involving a short-barreled shotgun or short-barreled rifle:
    • Sell or offer to sell.
    • Transport.
    • Purchase.
    • Possess.
    • Go armed with.
  2. Short-Barreled Shotgun or Short-Barreled Rifle: The items in question must be short-barreled shotguns or short-barreled rifles as defined by relevant laws or regulations.

Jury Instruction

Wis JI-Criminal 1342

 

§ 941.29(1m) Possession of a firearm by felon

Summary

To be guilty of this offense, the prosecution must prove that the defendant possessed a firearm and fell into one of the prohibited categories, such as being a convicted felon, being adjudicated delinquent for a felony-equivalent act, being found not guilty of a felony by reason of mental disease or defect, being committed for treatment and subject to a no-firearm order, being subject to certain injunctions or orders not to possess a firearm.

Elements of the Offense

  1. Possession of a Firearm: The defendant must possess a firearm.
  2. Prohibited Status: The defendant must fall into one of the following prohibited categories:
    1. Convicted Felon: The person has been convicted of a felony in this state, or the person has been convicted of a crime elsewhere that would be a felony if committed in this state.
    2. Adjudicated Delinquent: (bm) The person has been adjudicated delinquent for an act committed on or after April 21, 1994, that if committed by an adult in this state would be a felony.
    3. Mental Disease or Defect: The person has been found not guilty of a felony in this state by reason of mental disease or defect, or the person has been found not guilty of or not responsible for a crime elsewhere that would be a felony in this state by reason of insanity or mental disease, defect, or illness.
    4. Committed for Treatment: The person has been committed for treatment under s. 51.20 (13)(a) and is subject to an order not to possess a firearm under s. 51.20 (13)(cv) 1., 2007 stats, or the person is subject to an order not to possess a firearm under s. 51.20 (13)(cv) 1., 51.45 (13)(i) 1., 54.10 (3)(f) 1., or 55.12 (10)(a).
    5. Subject to an Injunction: The person is subject to an injunction issued under s. 813.12 or 813.122 or under a tribal injunction, as defined in s. 813.12 (1)(e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under this section and that has been filed under s. 813.128 (3g).
    6. Subject to an Order: The person is subject to an order not to possess a firearm under s. 813.123 (5m) or 813.125 (4m).

Jury Instruction

Wis JI-Criminal 1343
Wis JI-Criminal 1343D
Wis JI-Criminal 1344

 

§ 941.29(1m)(bm)-(em) Possession of a Firearm (Other Circumstances)

Summary

To be guilty of this offense, the prosecution must prove that the defendant possessed a firearm while falling under one of the disqualifying conditions listed. These conditions include being adjudicated delinquent for an act equivalent to a felony if committed by an adult, being found not guilty of a felony by reason of mental disease or defect (either in Wisconsin or another jurisdiction), being committed for treatment and subject to an order prohibiting firearm possession, or being under a specific court order that prohibits firearm possession.

Elements of the Offense

  1. Possession of a Firearm: The defendant must possesses a firearm.
  2. Prohibited Status: The defendant must fall into one of the following prohibited categories:
    • Adjudicated Delinquent: The defendant has been adjudicated delinquent for an act committed on or after April 21, 1994, that would be a felony if committed by an adult in this state.
    • Not Guilty by Reason of Mental Disease or Defect (Wisconsin): The defendant has been found not guilty of a felony in Wisconsin by reason of mental disease or defect.
    • Not Guilty by Reason of Insanity or Mental Disease (Other Jurisdictions): The defendant has been found not guilty of or not responsible for a crime elsewhere (outside Wisconsin) that would be a felony in Wisconsin by reason of insanity, mental disease, defect, or illness.
    • Committed for Treatment: The defendant has been committed for treatment under Wisconsin Statute § 51.20(13)(a) and is subject to an order not to possess a firearm under Wisconsin Statute § 51.20(13)(cv)1., 2007 stats.
    • Subject to a Firearm Prohibition Order: The defendant is subject to an order not to possess a firearm under one of the following Wisconsin Statutes:

Jury Instruction

Wis JI-Criminal 1343D

 

§ 941.2905 Straw purchasing of firearms

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a person who intentionally furnished, purchased, or possessed a firearm for another person, knowing that the other person is prohibited from possessing a firearm under s. 941.29(1m).

Elements of the Offense

  1. Intentional Act: The defendant must intentionally furnish, purchase, or possess a firearm.
  2. Knowledge: The defendant must know that the object is a firearm and must know that the person for whom the firearm is furnished, purchased, or possessed is prohibited from possessing a firearm under s. 941.29(1m).*
  3. Date: The felon had been convicted of a felony before date of the offense.

Jury Instruction

Wis JI-Criminal 1343C

* Subsection (1) of § 941.2905 defines this offense as applying to one who “intentionally furnishes . . . a firearm for a person, knowing that the person is prohibited from possessing a firearm under s. 941.29(1m).” As applied to this instruction, this requires that the defendant knew the person was a felon. Further, the Committee concluded that the defendant must know the item was a firearm, because the offense definition begins with the word “intentionally.” See § 939.23(3).

 

§ 941.291 Possession of body armor

Summary

To be found guilty of this offense, the prosecution must prove that the defendant possessed body armor despite being prohibited due to a prior conviction, adjudication, or finding related to a violent felony.

Elements of the Offense

  1. Possession of Body Armor: The defendant knowingly possessed body armor.
  2. Prohibited Status: The defendant falls under one of the following categories:
    • The defendant was convicted of a violent felony in Wisconsin and has not been pardoned for it.
    • The defendant was convicted of a crime in another jurisdiction that would be classified as a violent felony if committed in Wisconsin and has not been pardoned for it.
    • The defendant was adjudicated delinquent for an act that would be classified as a violent felony if committed by an adult in Wisconsin.
    • The defendant was found not guilty of a violent felony in Wisconsin due to mental disease or defect.
    • The defendant was found not guilty or not responsible for a crime elsewhere due to insanity, mental disease, defect, or illness, and the crime would qualify as a violent felony in Wisconsin.

Jury Instruction

No Uniform Jury Instruction

 

§ 941.295 Possession of an electric weapon

Summary

To be guilty of this offense, the prosecution must prove that the defendant sold, transported, manufactured, possessed, or went armed with any electric weapon.

Elements of the Offense

  1. Prohibited Actions: The defendant must engage in one or more of the following actions involving an electric weapon:
    • Sell
    • Transport
    • Manufacture
    • Possess
    • Go armed with
  2. Electric Weapon: The object in question must be an electric weapon.

Jury Instruction

Wis JI-Criminal 1344A

 

§ 941.30(1) First degree recklessly endangering safety

Summary

To be guilty of this offense, the prosecution must prove that the defendant recklessly endangered another person’s safety under circumstances which showed utter disregard for human life.

Elements of the Offense

  1. Endangers Another’s Safety: The defendant must endanger the safety of another person.
  2. Reckless Conduct: The defendant must endanger the safety of another by criminally reckless conduct.
  3. Circumstances Showing Utter Disregard for Human Life: The actions of the defendant must occur under circumstances that show utter disregard for human life.

Jury Instruction

Wis JI-Criminal 1345

 

§ 941.30(2) Second degree recklessly endangering safety

Summary

To be guilty of this offense, the prosecution must prove that the defendant recklessly endangered another person’s safety.

Elements of the Offense

  1. Recklessness: The defendant must act recklessly.
  2. Endangers Another’s Safety: The defendant’s recklessness must endanger the safety of another person.

Jury Instruction

Wis JI-Criminal 1347

 

§ 941.31(1) Possession of explosives: unlawful purpose

Summary

To be guilty of this offense, the prosecution must prove that the defendant made, bought, transported, possessed, transferred, or offered to make, buy, transport, possess, or transfer any explosive compound, either with the intent to use the explosive to commit a crime or knowing that another person intends to use it to commit a crime.

Elements of the Offense

  1. Prohibited Actions: The defendant must engage in one or more of the following actions involving an explosive compound:
    • Make
    • Buy
    • Transport
    • Possess
    • Transfer
    • Offer to make, buy, transport, possess, or transfer
  2. Intent or Knowledge: The defendant must have one of the following mental states:
    • Intent to use the explosive to commit a crime, or
    • Knowledge that another person intends to use the explosive to commit a crime.

Jury Instruction

Wis JI-Criminal 1350

 

§ 941.31(2)(b) Possession of an improvised explosive device

Summary

To be guilty of this offense, the prosecution must prove that the defendant made, bought, sold, transported, possessed, used, or transferred an improvised explosive device, or possessed materials or components with the intent to assemble an improvised explosive device.

Elements of the Offense

  1. Prohibited Actions: The defendant must engage in one or more of the following actions involving an improvised explosive device (IED):
    • Make
    • Buy
    • Sell
    • Transport
    • Possess
    • Use
    • Transfer
  2. Intent to Assemble: The defendant must possess materials or components with the intent to assemble an improvised explosive device.

Jury Instruction

Wis JI-Criminal 1351A
Wis JI-Criminal 1351B

 

§ 941.32 Administering dangerous or stupefying drug

Summary

To be guilty of this offense, the prosecution must prove that the defendant administered to another or caused another to take any poisonous, stupefying, overpowering, narcotic, or anesthetic substance with the intent to facilitate the commission of a crime.

Elements of the Offense

  1. Administers or Causes Another to Take: The defendant must administer to another or cause another to take any of the following substances:
    • Poisonous substance
    • Stupefying substance
    • Overpowering substance
    • Narcotic substance
    • Anesthetic substance
  2. Intent: The defendant must have the intent to facilitate the commission of a crime by administering or causing the other person to take the substance.

Jury Instruction

Wis JI-Criminal 1352

 

§ 941.325 Placing foreign objects in edibles

Summary

To be guilty of this offense, the prosecution must prove that the defendant placed objects, drugs, or other substances in candy or other liquid or solid edibles with the intent to cause bodily harm to another person.

Elements of the Offense

  1. Placing Objects, Drugs, or Other Substances: The defendant must place any of the following into candy or other liquid or solid edibles:
    • Objects
    • Drugs
    • Other substances
  2. Intent: The defendant must have the intent to cause bodily harm to another person by placing the objects, drugs, or substances in the edibles.

Jury Instruction

Wis JI-Criminal 1354

 

§ 941.37(2) Obstructing emergency or rescue personnel

Summary

To be guilty of this offense, the prosecution must prove that the defendant knowingly obstructed emergency medical personnel while they were performing their duties related to an emergency or rescue.

Elements of the Offense

  1. Obstruction of Emergency Medical Personnel: The individual obstructed emergency medical personnel.
  2. Emergency Medical Personnel: The obstruction was directed toward emergency medical personnel.
  3. Performance of Duties Related to an Emergency or Rescue: The obstruction occurred while the emergency medical personnel were performing duties directly related to an emergency or rescue situation.
  4. Knowledge: The individual acted knowingly.

Jury Instruction

No Uniform Jury Instruction

 

§ 941.37(3) Obstructing emergency or rescue personnel

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally interfered with emergency medical personnel in the performance of duties relating to an emergency or rescue, and that the defendant had reasonable grounds to believe that the interference may endanger another person’s safety.

Elements of the Offense

  1. Intentional Interference: The defendant must intentionally interfere with emergency medical personnel.
  2. Performance of Duties: The interference must occur while the emergency medical personnel are performing duties relating to an emergency or rescue.
  3. Reasonable Grounds to Believe: The defendant must have reasonable grounds to believe that the interference may endanger another person’s safety.
  4. Knowledge: The defendant must know that the person was an emergency medical personnel and know that they were performing duties relating to an emergency or rescue.*

Jury Instruction

Wis JI-Criminal 1360

* “Intentionally” requires that defendant knew that the person was an emergency medical personnel and knew that they were performing duties relating to an emergency or rescue. See Wis. Stat. See § 939.23(3).

 

§ 941.375 Throwing or discharging bodily fluids at public safety workers or prosecutors

Summary

To be guilty of this offense, the prosecution must prove that the defendant threw or expelled blood, semen, vomit, saliva, urine, feces, or other bodily substance at or toward a public safety worker or a prosecutor with the intent that it come into contact with them, and that the public safety worker or prosecutor did not consent to the bodily substance being thrown or expelled at or toward them.

Elements of the Offense

  1. Prohibited Actions: The defendant must throw or expel blood, semen, vomit, saliva, urine, feces, or other bodily substance.
  2. Target: The act must be directed at or toward a public safety worker or a prosecutor.
  3. Intent: The defendant must have the intent that the bodily substance comes into contact with the public safety worker or prosecutor.
  4. Lack of Consent: The public safety worker or prosecutor must not consent to the blood, semen, vomit, saliva, urine, feces, or other bodily substance being thrown or expelled at or toward them.

Jury Instruction

Wis JI-Criminal 1365

 

§ 941.39 Violating a no contact order

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally violated a court order issued under s. 973.049(2), which pertains to prohibiting contact with a victim, witness, or co-actor. The classification of the offense depends on the nature of the original conviction that resulted in the court order

Elements of the Offense

  1. Intentional Violation: The defendant must intentionally violate a court order.
  2. Court Order Issued Under s. 973.049(2): The court order must be issued under s. 973.049(2), which pertains to prohibiting contact with a victim, witness, or co-actor.
  3. Resulting from a Conviction: The violation of the court order must result from a conviction.
  4. Knowledge: The defendant knew that the no contact order had been issued and knew that (his) (her) acts violated the order.

Jury Instruction

Wis JI-Criminal 1375

 

Updated January 2025

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