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Wisconsin Statutory Elements and Consequences

Chapter 943 Crimes Against Property

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

 

§ 943.01(1) Criminal damage to property

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused damage to the physical property of another person without that person’s consent.

Elements of the Offense

  1. Intentionally Causes Damage: The defendant must intentionally cause damage.
  2. Physical Property of Another: The damage must be to the physical property of another person.
  3. Without Consent: The damage must be caused without the consent of the owner of the property.
  4. Knowledge: The defendant must know the property belonged to another and knew that the property owner did not consent to the damage.

Jury Instruction

Wis JI-Criminal 1400

 

§ 943.011(2)(a) Damage or threat to property of witness

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused damage or threatened to cause damage to any physical property owned by a person who is or was a witness, by reason of the owner having attended or testified as a witness, and that the damage or threat was without the owner’s consent.

Elements of the Offense

  1. Intentionally Causes Damage or Threatens to Cause Damage: The defendant must either intentionally cause damage or threaten to cause damage.
  2. Physical Property of a Witness: The damage or threat must be directed at physical property owned by a person who is or was a witness.
  3. Reason: The damage or threat must be by reason of the owner having attended or testified as a witness.
  4. Without Consent: The damage or threat must be done without the owner’s consent.

Jury Instruction

Wis JI-Criminal 1400B

 

§ 943.011(2)(a) Criminal damage to property: energy provider property

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused damage without consent. Additionally, the damaged property must be owned, leased, or operated by an energy provider, and the defendant must have intended to or actually caused substantial interruption or impairment of any service or good provided by the energy provider.

Elements of the Offense

  1. Intentionally Causes Damage: The defendant must intentionally cause damage to physical property.
  2. Without Consent: The damage must be done without the owner’s consent.
  3. Property Owned, Leased, or Operated by an Energy Provider: The property damaged must be owned, leased, or operated by an energy provider as defined by the statute.
  4. Substantial Interruption or Impairment: The defendant must intend to cause or actually cause substantial interruption or impairment of any service or good provided by the energy provider.

Jury Instruction

Wis JI-Criminal 1400B

 

§ 943.012(1) Criminal damage to religious or cemetery property

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused damage to, marked, drew, wrote with ink or another substance on, or etched into the physical property of another, without the person’s consent and with knowledge of the character of the property, where the property consists of a church, synagogue, or other building, structure, or place primarily used for religious worship or another religious purpose.

Elements of the Offense

  1. Intentionally Causes Damage: The defendant must intentionally engage in one or more of the following actions:
    • Cause damage to the physical property of another.
    • Mark, draw, or write with ink or another substance on the physical property of another.
    • Etch into the physical property of another.
  2. Without Consent: The actions must be done without the consent of the owner of the property.
  3. Knowledge: The defendant must know the property belonged to another person, and know that the other person did not consent to the damage.*
  4. Character of the Property: The defendant must have knowledge of the character of the property, meaning they must be aware that the property consists of one or more of the following:
    • Any church, synagogue, or other building, structure, or place primarily used for religious worship or another religious purpose.

Jury Instruction

Wis JI-Criminal 1401A

* The three aspects of the knowledge requirement come from applying § 939.23(3): “intentionally” requires knowledge of all facts necessary to make the conduct criminal and appearing after the “intentionally” in the statute. Further, § 943.012 specifically requires “knowledge of the character of the property.”

 

§ 943.012(3) Criminal damage to facilities associated with designated groups

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused damage to, marked, drew, wrote with ink or another substance on, or etched into the physical property of another, without the person’s consent and with knowledge of the character of the property, where the property consists of a school, educational facility, or community center publicly identified as associated with a group of persons of a particular race, religion, color, disability, sexual orientation, national origin, or ancestry, or by an institution of any such group.

Elements of the Offense

  1. Intentionally Causes Damage: The defendant must intentionally engage in one or more of the following actions:
    • Cause damage to the physical property of another.
    • Mark, draw, or write with ink or another substance on the physical property of another.
    • Etch into the physical property of another.
  2. Without Consent: The actions must be done without the consent of the owner of the property.
  3. Knowledge: The defendant must know the property belonged to another person, and know that the other person did not consent to the damage.*
  4. Character of the Property: The defendant must have knowledge of the character of the property, meaning they must be aware that the property consists of one or more of the following:
    • Any school, educational facility, or community center publicly identified as associated with a group of persons of a particular race, religion, color, disability, sexual orientation, national origin, or ancestry, or by an institution of any such group.

Jury Instruction

Wis JI-Criminal 1401B

* The three aspects of the knowledge requirement come from applying § 939.23(3): “intentionally” requires knowledge of all facts necessary to make the conduct criminal and appearing after the “intentionally” in the statute. Further, § 943.012 specifically requires “knowledge of the character of the property.”

 

§ 943.012(4) Criminal damage to personal property contained in religious, cemetery or other property

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused damage to, marked, drew, wrote with ink or another substance on, or etched into the physical property of another, without the person’s consent and with knowledge of the character of the property. The property in question must consist of personal property contained in any property described in subs. (1) to (3), and the personal property must have particular significance or value to a group of persons of a particular race, religion, color, disability, sexual orientation, national origin, or ancestry, with the defendant knowing that the personal property has particular significance or value to that group.

Elements of the Offense

  1. Intentionally Causes Damage: The defendant must intentionally engage in one or more of the following actions:
    • Cause damage to the physical property of another.
    • Mark, draw, or write with ink or another substance on the physical property of another.
    • Etch into the physical property of another.
  2. Without Consent: The actions must be done without the consent of the owner of the property.
  3. Knowledge: The defendant must know the property belonged to another person, and know that the other person did not consent to the damage.*
  4. Character of the Property: The defendant must have knowledge of the character of the property, meaning they must be aware that the property consists of personal property contained in any property under subs. (1) to (3) if the personal property has particular significance or value to any group of persons of a particular race, religion, color, disability, sexual orientation, national origin, or ancestry, and the defendant knows the personal property has particular significance or value to that group.

Jury Instruction

Wis JI-Criminal 1401C

* The three aspects of the knowledge requirement come from applying § 939.23(3): “intentionally” requires knowledge of all facts necessary to make the conduct criminal and appearing after the “intentionally” in the statute. Further, § 943.012 specifically requires “knowledge of the character of the property.”

 

§ 943.013 Criminal damage or threat to property of a judge

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused or threatened to cause damage to any physical property that belongs to a judge or a member of the judge’s family under the following circumstances:

  • At the time of the act or threat, the defendant knew or should have known that the person whose property is damaged or threatened is a judge or a member of the judge’s family.
  • The judge was acting in an official capacity at the time of the act or threat, or the act or threat was in response to any action taken by the judge in an official capacity.
  • There was no consent by the person whose property is damaged or threatened.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally cause or threaten to cause damage.
  2. Physical Property: The damage or threat must be directed at physical property.
  3. Ownership: The physical property must belong to a judge or a member of the judge’s family.
  4. Knowledge: At the time of the act or threat, the defendant must know or should have known that the person whose property is damaged or threatened is a judge or a member of the judge’s family.
  5. Official Capacity: The judge must be acting in an official capacity at the time of the act or threat, or the act or threat must be in response to any action taken by the judge in an official capacity.
  6. Lack of Consent: The act or threat must be done without the consent of the person whose property is damaged or threatened.

Jury Instruction

Wis JI-Criminal 1402A

 

§ 943.015 Criminal damage or threat to property of a department of revenue employee

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally caused or threatened to cause damage to any physical property that belongs to a department of revenue official, employee, agent, or a member of their family under the following circumstances:

  • At the time of the act or threat, the defendant knew or should have known that the person whose property is damaged or threatened is a department of revenue official, employee, agent, or a member of their family.
  • The official, employee, or agent was acting in an official capacity at the time of the act or threat, or the act or threat was in response to any action taken by the official, employee, or agent in an official capacity.
  • There was no consent by the person whose property is damaged or threatened.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally cause or threaten to cause damage.
  2. Physical Property: The damage or threat must be directed at physical property.
  3. Ownership: The physical property must belong to a department of revenue official, employee, agent, or a member of their family.
  4. Knowledge: At the time of the act or threat, the defendant must know or should have known that the person whose property is damaged or threatened is a department of revenue official, employee, agent, or a member of their family.
  5. Official Capacity: The official, employee, or agent must be acting in an official capacity at the time of the act or threat, or the act or threat must be in response to any action taken by the official, employee, or agent in an official capacity.
  6. Lack of Consent: The act or threat must be done without the consent of the person whose property is damaged or threatened.

Jury Instruction

Wis JI-Criminal 1402B

 

§ 943.017 Graffiti

Summary
To be guilty of this offense, the prosecution must prove that the defendant intentionally marked, drew, wrote with paint, ink, or another substance on, or intentionally etched into the physical property of another person without that person’s consent.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally engage in one or more of the following actions:
    • Mark
    • Draw
    • Write with paint, ink, or another substance
    • Etch into
  2. Physical Property of Another: The actions must be directed at the physical property of another person.
  3. Without Consent: The actions must be done without the consent of the owner of the property.
  4. Knowledge: The defendant must know the property belonged to another person and know that the other person did not consent to marking, drawing, writing on the property.

Jury Instruction

Wis JI-Criminal 1403

 

§ 943.02(1)(a) Arson of a building of another

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally damaged a building owned by another person by means of fire, and did so without the owner’s consent.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally damage a building.
  2. Means: The damage must be caused by means of fire.
  3. Building of Another: The building damaged must be owned by another person.
  4. Without Consent: The act must be done without the consent of the owner of the building.
  5. Knowledge: The defendant must know that the building belonged to another person and know that the other person did not consent to the damage of the building.

Jury Instruction

Wis JI-Criminal 1404

 

§ 943.02(1)(b) Arson of a building with intent to defraud an insurer

Summary
To be guilty of this offense, the prosecution must prove that the defendant intentionally damaged a building by means of fire with the intent to defraud an insurer of that building.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally damage a building.
  2. Means: The damage must be caused by means of fire.
  3. Intent to Defraud: The defendant must have the intent to defraud an insurer of the building.

Jury Instruction

Wis JI-Criminal 1405

 

§ 943.03 Arson of property other than a building

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a person who, by means of fire, intentionally damaged property owned by another person without the person’s consent, and that the property was not a building and had a value of $100 or more.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally damage property.
  2. Means: The damage must be caused by means of fire.
  3. Property of Another: The property damaged must be owned by another person.
  4. Without Consent: The act must be done without the consent of the owner of the property.
  5. Value of Property: The property must not be a building and must have a value of $100 or more.
  6. Knowledge: The defendant must know that the property belonged to another person; and that the other person did not consent to the damage of the property; and that the value of the property was $100 or more.

Jury Instruction

Wis JI-Criminal 1408

 

§ 943.04 Arson of property other than a building with intent to defraud

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a person who, by means of fire, intentionally damaged property other than a building with the intent to defraud an insurer of that property. While proof of the defendant recovering or attempting to recover on an insurance policy by reason of the fire is relevant, it is not essential to establish the intent to defraud.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally damage property.
  2. Means: The damage must be caused by means of fire.
  3. Type of Property: The property damaged must be other than a building.
  4. Intent to Defraud: The defendant must have the intent to defraud an insurer of that property.

Jury Instruction

Wis JI-Criminal 1410

 

§ 943.06 Molotov cocktail: possession, manufacture, sale, offer to sell, gift, or transfer

Summary

To be guilty of this offense, the prosecution must prove that the defendant possessed, manufactured, sold, offered for sale, gave, or transferred a fire bomb.

Elements of the Offense

  1. Prohibited Actions: The defendant must engage in one or more of the following actions involving a fire bomb:
    • Possess
    • Manufacture
    • Sell
    • Offer for sale
    • Give
    • Transfer

Jury Instruction

Wis JI-Criminal 1417
Wis JI-Criminal 1418

 

§ 943.10(1m) Burglary with intent to steal or commit a felony

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally entered any of the specified places without the consent of the person in lawful possession and with the intent to steal or commit a felony in such place. The specified places include:

  • Any building or dwelling.
  • An enclosed railroad car.
  • An enclosed portion of any ship or vessel.
  • A locked enclosed cargo portion of a truck or trailer.
  • A motor home or other motorized type of home or a trailer home, whether or not any person is living in such home.
  • A room within any of the above.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally enter any of the specified places.
  2. Places: The entry must be into one of the following:
    • Any building or dwelling.
    • An enclosed railroad car.
    • An enclosed portion of any ship or vessel.
    • A locked enclosed cargo portion of a truck or trailer.
    • A motor home or other motorized type of home or a trailer home, whether or not any person is living in any such home.
    • A room within any of the above.
  3. Without Consent: The entry must be without the consent of the person in lawful possession of the place.
  4. Intent to Steal or Commit a Felony: The entry must be with the intent to steal or commit a felony in the place entered.
  5. Knowledge: The defendant must know that the entry was without consent.*

Jury Instruction

Wis JI-Criminal 1421
Wis JI-Criminal 1424

* Knowledge that the entry is without consent is an element of the offense of burglary because of the standard interpretation of criminal statutes required by § 939.23(3): Where the word “intentionally” is used, “the actor must have knowledge of those facts which are necessary to make his or her conduct criminal and which are set forth after the word ‘intentionally.’” The decision in Hanson v. State, 52 Wis.2d 396, 190 N.W.2d 129 (1971), is sometimes cited for the contrary position. However, Hanson involved a defendant’s postconviction challenge to the validity of his guilty plea and simply held that there was an adequate factual basis for a finding that there was no consent in fact to the defendant’s entry. Under such circumstances, said the court, there was no additional burden on the state to show that the defendant did not “purport to be acting under legal authority,” one of the alternatives to “no consent in fact” provided in the statutory definition of without consent, § 939.22(48). Recent decisions have reaffirmed that knowledge that entry is without consent is an essential element of burglary. See State v. Wilson, 160 Wis.2d 774, 467 N.W.2d 130 (Ct. App. 1991).

 

§ 943.11 Entry into a locker vehicle

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally entered the locked and enclosed portion or compartment of the vehicle of another without the owner’s consent and with the intent to steal from the vehicle.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally enter the locked and enclosed portion or compartment of a vehicle.
  2. Vehicle of Another: The vehicle must belong to another person.
  3. Without Consent: The entry must be without the consent of the owner of the vehicle.
  4. Knowledge: The defendant must know that the vehicle belonged to another person and know that the entry was without consent.*
  5. Intent to Steal: The entry must be with the intent to steal from the vehicle.

Jury Instruction

Wis JI-Criminal 1426

* Knowledge that the vehicle belonged to another and that the entry was without consent is an element because of the standard interpretation of criminal statutes required by § 939.23(3): Where the word “intentionally” is used, “the actor must have knowledge of those facts which are necessary to make the conduct criminal, and which are set forth after the word ‘intentionally.’”

 

§ 943.12 Possession of burglary tools

Summary

To be guilty of this offense, the prosecution must prove that the defendant had in their personal possession any device or instrumentality intended, designed, or adapted for use in breaking into any depository designed for the safekeeping of valuables, or into any building or room, with the intent to use such device or instrumentality to break into the depository, building, or room and to steal therefrom.

Elements of the Offense

  1. Possession: The defendant must have in their personal possession a device or instrumentality.
  2. Intended, Designed, or Adapted for Breaking: The device or instrumentality must be intended, designed, or adapted for use in breaking into:
    • Any depository designed for the safekeeping of valuables.
    • Any building.
    • Any room.
  3. Intent: The defendant must have the intent to use the device or instrumentality to:
    • Break into a depository, building, or room.
    • Steal from the depository, building, or room.

Jury Instruction

Wis JI-Criminal 1431

 

§ 943.125 Entry into locked coin box

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally entered a locked coin box belonging to another person without the consent of the owner and with the intent to steal from the coin box.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally enter a locked coin box.
  2. Coin Box of Another: The coin box must belong to another person.
  3. Without Consent: The entry must be without the consent of the owner of the coin box.
  4. Knowledge: The defendant must know that the coin box belonged to another and know that the entry was without the consent of the owner.*
  5. Intent to Steal: The entry must be with the intent to steal from the coin box.

Jury Instruction

Wis JI-Criminal 1433

* Knowledge that the coin box belonged to another and that the entry was without consent is required because the definition of this offense begins with the word “intentionally.” Section 939.23(3) provides that the word “intentionally” requires “knowledge of those facts which are necessary to make [the] conduct criminal and which are set forth after the word ‘intentionally’” in the statute.

 

§ 943.14 Criminal trespass to dwellings

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally entered or remained in the dwelling of another without the consent of someone lawfully upon the premises, or if no person was lawfully upon the premises, without the consent of the owner of the property that includes the dwelling, and that this was done under circumstances tending to create or provoke a breach of the peace.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally enter or remain in the dwelling.
  2. Dwelling: The dwelling must be defined as a structure or part of a structure that is used or intended to be used as a home or residence by one or more persons to the exclusion of all others, regardless of whether it is currently occupied.
  3. Without Consent: The entry or remaining must be without the consent of:
    • Some person lawfully upon the premises, or
    • If no person is lawfully upon the premises, the owner of the property that includes the dwelling.
  4. Knowledge: The defendant must know that the entry into, or remaining in, the dwelling was without consent and under circumstances tending to create or provoke a breach of the peace and knew that it was the dwelling of another.*
  5. Circumstances Tending to Create or Provoke a Breach of the Peace: The entry or remaining must be under circumstances tending to create or provoke a breach of the peace.

Jury Instruction

Wis JI-Criminal 1437

* The knowledge element is based on the rule of construction provided in § 939.23(3): “‘Intentionally’ means that . . . the actor must have knowledge of those facts which are necessary to make his or her conduct criminal and which are set forth after the word ‘intentionally.’” Because “dwelling of another,” “without consent,” and “under circumstances tending . . .” all follow the word “intentionally” in § 943.14, the instruction requires knowledge of those facts.

 

§ 943.145 Criminal trespass to a medical facility

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally entered a medical facility without the consent of some person lawfully upon the premises, and that this was done under circumstances tending to create or provoke a breach of the peace. This statute does not prohibit participation in lawful conduct in labor disputes under s. 103.53.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally enter a medical facility.
  2. Medical Facility: The medical facility must be defined as:
    • A hospital under s. 50.33(2), or
    • A clinic or office used by a physician licensed under ch. 448 and subject to rules promulgated by the medical examining board for the clinic or office that were in effect on November 20, 1985.
  3. Without Consent: The entry must be without the consent of some person lawfully upon the premises.
  4. Knowledge: The defendant must know that the entry into a medical facility was made without consent and under circumstances likely to provoke a breach of the peace.*
  5. Circumstances Tending to Create or Provoke a Breach of the Peace: The entry must be under circumstances tending to create or provoke a breach of the peace.

Jury Instruction

Wis JI-Criminal 1439

* When “intentionally” is used in a criminal statute, it requires a purpose to achieve the result specified and knowledge of all facts necessary to make the conduct criminal and which follow the word “intentionally” in the statute. Section 939.23(3).

 

§ 943.15 Entry onto a construction site or into a locked building, dwelling or room

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally entered a locked or posted construction site, or a locked and enclosed building, dwelling, or room of another person without the consent of the owner or person in lawful possession of the premises.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally enter one of the following:
    • A locked or posted construction site.
    • A locked and enclosed building.
    • A locked and enclosed dwelling.
    • A locked and enclosed room.
  2. Property of Another: The construction site, building, dwelling, or room must belong to another person.
  3. Without Consent: The entry must be without the consent of the owner or the person in lawful possession of the premises.

Jury Instruction

Wis JI-Criminal 1438

 

§ 943.20(1)(a) Theft

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally took and carried away, used, transferred, concealed, or retained possession of movable property belonging to another person without the owner’s consent, and with the intent to deprive the owner permanently of possession of such property.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally engage in one or more of the following actions involving movable property of another:
    • Take and carry away
    • Use
    • Transfer
    • Conceal
    • Retain possession of
  2. Movable Property of Another: The property involved must be movable property belonging to another person.
  3. Without Consent: The actions must be done without the consent of the owner of the property.
  4. Knowledge: The defendant must know that the owner did not consent.*
  5. Intent to Deprive: The defendant must have the intent to deprive the owner permanently of possession of the property.

Jury Instruction

Wis JI-Criminal 1441

* Knowledge that the taking was without consent is required because the definition of this offense begins with the word “intentionally.” Section 939.23(3) provides that the word “intentionally” requires “knowledge of those facts which are necessary to make [the] conduct criminal and which are set forth after the word ‘intentionally’” in the statute.

 

§ 943.20(1)(b) Theft by contractor

Summary

To be guilty of this offense, the prosecution must prove that the defendant, who had lawful possession or custody of money or negotiable instruments by virtue of their office, business, employment, or as a trustee or bailee, intentionally used, transferred, concealed, or retained the money or instruments without the owner’s consent and contrary to the authority granted to them. The defendant must have acted with the intent to convert the money or instruments to their own use or to the use of someone other than the rightful owner. If the defendant refuses to return the money or instruments upon demand, this refusal serves as prima facie evidence of intent to convert the property unlawfully.

Elements of the Offense

  1. Person: The defendant must be a person who, by virtue of their office, business, employment, or as a trustee or bailee, has possession or custody of money or negotiable securities, instruments, papers, or other negotiable writings that belong to another person.
  2. Prohibited Conduct: The defendant intentionally engages in one or more of the following actions:
    • Uses,
    • Transfers,
    • Conceals, or
    • Retains possession of the money, security, instrument, paper, or writing.
  3. Without Consent: The conduct must occur without the consent of the owner of the money or negotiable instruments.
  4. Knowledge: The defendant knew that the use of the money was without the consent of the owner of the land and contrary to the authority of the accused.*
  5. Contrary to Authority: The defendant’s actions must be contrary to the authority granted to them by virtue of their office, business, employment, or as a trustee or bailee.
  6. Intent to Convert: The defendant must act with the intent to convert the money or negotiable instruments to their own use or to the use of any other person except the owner.

Jury Instruction

Wis JI-Criminal 1443

* In State v. Hess, 99 Wis.2d 22, 298 N.W.2d 111 (Ct. App. 1980), the court held that theft by contractor requires only “criminal intent” and not “intent to defraud.” Hess seems to indicate the “criminal intent” boils down to knowledge that the defendant is in the position of trustee and that he or she intentionally uses the money for some other purpose than paying the suppliers.

 

§ 943.20(1)(b) Theft by employee, trustee, or bailee (embezzlement)

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a person who, by virtue of his or her office, business, employment, or role as trustee or bailee, had possession or custody of money, a negotiable security, instrument, paper, or other negotiable writing of another and intentionally used, transferred, concealed, or retained possession of such money, security, instrument, paper, or writing without the owner’s consent and contrary to his or her authority, with the intent to convert it to his or her own use or to the use of any other person except the owner.

Elements of the Offense

  1. Position of Authority: The defendant must have possession or custody of money, a negotiable security, instrument, paper, or other negotiable writing of another by virtue of:
    • His or her office
    • His or her business
    • His or her employment
    • His or her role as trustee
    • His or her role as bailee
  2. Intentional Act: The defendant must intentionally engage in one or more of the following actions:
    • Use
    • Transfer
    • Conceal
    • Retain possession of such money, security, instrument, paper or writing
  3. Without Consent and Contrary to Authority:
    • The actions must be without the consent of the owner.
    • The actions must be contrary to the defendant’s authority.
  4. Intent to Convert: The defendant must have the intent to convert the money, security, instrument, paper, or writing to his or her own use or to the use of any other person except the owner.

Jury Instruction

Wis JI-Criminal 1444

 

§ 943.20(1)(c) Theft by one having an undisputed interest in property from one having superior right in possession

Summary
To be guilty of this offense, the prosecution must prove that the defendant was a person who had a legal interest in movable property, and intentionally took such property out of the possession of a pledgee or other person having a superior right of possession, without the consent of the pledgee or other person, with the intent to deprive the pledgee or other person permanently of the possession of such property.

Elements of the Offense

  1. Legal Interest in Movable Property: The defendant must have a legal interest in the movable property.
  2. Intentional Act: The defendant must intentionally take the property out of the possession of a pledgee or other person having a superior right of possession.
  3. Without Consent: The act must be done without the consent of the pledgee or other person having a superior right of possession.
  4. Intent to Deprive: The defendant must have the intent to deprive the pledgee or other person permanently of the possession of the property.

Jury Instruction

Wis JI-Criminal 1450

 

§ 943.20(1)(d) Theft by fraud: representations made to the owner, directly or by a third person

Summary

To be guilty of this offense, the prosecution must prove that the defendant obtained title to the property of another person by intentionally deceiving the person with a false representation, which the defendant knew to be false, made with the intent to defraud, and which did defraud the person to whom it was made. “False representation” includes a promise made with the intent not to perform it if it is part of a false and fraudulent scheme.

Elements of the Offense

  1. Obtains Title to Property: The defendant must obtain title to the property of another person.
  2. Intentional Deception: The defendant must intentionally deceive the other person.
  3. False Representation: The deception must involve a false representation known to be false by the defendant.
  4. Intent to Defraud: The false representation must be made with the intent to defraud the other person.
  5. Actual Defrauding: The false representation must defraud the person to whom it is made.

Jury Instruction

Wis JI-Criminal 1453A

 

§ 943.20(1)(e) Theft by failure to return leased or rented property

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally failed to return any personal property that was in his or her possession or under his or her control by virtue of a written lease or written rental agreement after the lease or rental agreement had expired. This paragraph does not apply if the defendant returned the personal property, except a motor vehicle, within 10 days after the lease or rental agreement expired.

Elements of the Offense

  1. Possession or Control of Personal Property: The personal property must be in the possession or under the control of the defendant.
  2. By Virtue of a Written Lease or Written Rental Agreement: The possession or control must be by virtue of a written lease or written rental agreement.
  3. Intentional Act: The defendant must intentionally fail to return the personal property.
  4. Expiration of Lease or Rental Agreement: The failure to return must occur after the lease or rental agreement has expired.

Jury Instruction

Wis JI-Criminal 1455

 

§ 943.201(2) Unauthorized use of an individual’s personal identifying information or documents

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally used, attempted to use, or possessed with intent to use any personal identifying information or personal identification document of an individual (including a deceased individual), without the authorization or consent of the individual, and by representing that he or she is the individual, that he or she is acting with the authorization or consent of the individual, or that the information or document belongs to him or her. The purpose must be one or more of the following:

  • To obtain credit, money, goods, services, employment, or any other thing of value or benefit.
  • To avoid civil or criminal process or penalty.
  • To harm the reputation, property, person, or estate of the individual.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally use, attempt to use, or possess with intent to use any personal identifying information or personal identification document.
  2. Personal Identifying Information or Personal Identification Document: The information or document must belong to an individual, including a deceased individual.
  3. Without Authorization or Consent: The actions must be done without the authorization or consent of the individual.
  4. Representation: The defendant must represent that he or she is the individual, is acting with the authorization or consent of the individual, or that the information or document belongs to him or her.
  5. Purpose: The intentional use, attempt to use, or possession with intent to use must be for one or more of the following purposes:
    • To obtain credit, money, goods, services, employment, or any other thing of value or benefit.
    • To avoid civil or criminal process or penalty.
    • To harm the reputation, property, person, or estate of the individual.

Jury Instruction

Wis JI-Criminal 1458

 

§ 943.203(2) Unauthorized use of an entity’s identifying information or documents

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a person who, for one of the specified purposes, intentionally used, attempted to use, or possessed with intent to use any identifying information or identification document of an entity without the authorization or consent of the entity and by representing that he or she is the entity or is acting with the authorization or consent of the entity. The specified purposes include:

  • To obtain credit, money, goods, services, or anything else of value or benefit.
  • To harm the reputation or property of the entity.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally engage in one or more of the following actions involving identifying information or identification documentation of an entity:
    • Use
    • Attempt to use
    • Possess with intent to use
  2. Identifying Information or Identification Document: The identifying information or identification document must belong to an entity.
  3. Without Authorization or Consent: The actions must be done without the authorization or consent of the entity.
  4. Representation: The defendant must represent that he or she:
    • Is the entity, or
    • Is acting with the authorization or consent of the entity.
  5. Purpose: The intentional use, attempt to use, or possession with intent to use must be for one or more of the following purposes:
    • To obtain credit, money, goods, services, or anything else of value or benefit.
    • To harm the reputation or property of the entity.

Jury Instruction

Wis JI-Criminal 1459

 

§ 943.209 Failure to disclose manufacturer of recording

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a person who, for commercial advantage or private financial gain, knowingly engaged in one or more of the following actions:

  • Advertised, offered for sale or rent, sold, rented, or transported a recording that does not contain the name and address of the manufacturer in a prominent place on the cover, jacket, or label of the recording.
  • Possessed with intent to advertise, offer for sale or rent, sell, rent, or transport a recording that does not contain the name and address of the manufacturer in a prominent place on the cover, jacket, or label of the recording.

Elements of the Offense

  1. Intentional Act: The defendant must engage in one or more of the following actions:
  2. (a)
    • Knowingly advertise
    • Offer for sale or rent
    • Sell
    • Rent
    • Transport
  3. (b)
    • Possess with intent to advertise
    • Offer for sale or rent
    • Sell
    • Rent
    • Transport
  4. Recording: The recording must be one that does not contain the name and address of the manufacturer.
  5. Prominent Place Requirement: The name and address of the manufacturer must be absent from a prominent place on the cover, jacket, or label of the recording.
  6. For Commercial Advantage or Private Financial Gain: The actions must be done for commercial advantage or private financial gain.

Jury Instruction

Wis JI-Criminal 1460

 

§ 943.21(1m)(a) Fraud on hotel or restaurant keeper

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a person who, having obtained any beverage, food, lodging, ticket or other means of admission, or other service or accommodation at any campground, hotel, motel, boarding or lodging house, restaurant, or recreational attraction, intentionally absconded without paying for it.

Elements of the Offense

  1. Obtained Goods or Services: The defendant must have obtained any of the following:
    • Beverage
    • Food
    • Lodging
    • Ticket or other means of admission
    • Other service or accommodation
  2. Location: The goods or services must have been obtained at one of the following:
    • Campground
    • Hotel
    • Motel
    • Boarding or lodging house
    • Restaurant
    • Recreational attraction
  3. Intentional Act: The defendant must intentionally abscond without paying for the obtained goods or services.

Jury Instruction

Wis JI-Criminal 1461

 

§ 943.215(1) Absconding without paying rent

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a person who, having obtained the tenancy of residential property he or she was entitled to occupy, intentionally absconded without paying all current and past rent due.

Elements of the Offense

  1. Obtained Tenancy: The defendant must have obtained the tenancy of residential property he or she is entitled to occupy.
  2. Intentional Act: The defendant must intentionally abscond.
  3. Failure to Pay Rent: The defendant must abscond without paying all current and past rent due.

Jury Instruction

Wis JI-Criminal 1462

 

§ 943.231(1) Carjacking [taking a vehicle by use or threat of force]

Summary

To be guilty of this offense, the prosecution must prove that the defendant, while possessing a dangerous weapon, intentionally took a vehicle without the owner’s consent. The defendant must have used or threatened to use force or the weapon against another person in the process of taking the vehicle.

Elements of the Offense

  1. Prohibited Conduct: The defendant must intentionally take a vehicle without the consent of the owner.
  2. Use or Threat of Force: The taking of the vehicle must be accomplished by either: 
    • The use of force, or
    • The threat of the use of force or the weapon against another person.
  3. Dangerous Weapon: The defendant must possess a dangerous weapon during the commission of the offense.
  4. Lack of Consent: The vehicle must be taken without the consent of the owner.
  5. Knowledge: The defendant must know that the owner did not consent to the taking.*

Jury Instruction

Wis JI-Criminal 1463

* When “intentionally” is used in a criminal statute, it requires, in addition to a mental purpose to cause the result specified, that “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.’” § 939.23(3). Thus, the instruction requires knowledge that the taking was without consent.

 

§ 943.231(2) Carjacking [taking a vehicle by use or threat of force]

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally took a vehicle without the owner’s consent and did so by using force against another person or by threatening the use of force against another person.

Elements of the Offense

  1. Prohibited Conduct: The defendant intentionally takes a vehicle.
  2. Use or Threat of Force: The taking of the vehicle must be accomplished by:
    • The use of force against another person, or
    • The threat of the use of force against another person.
  3. Lack of Consent: The vehicle must be taken without the consent of the owner.
  4. Knowledge: The defendant must know that the owner did not consent to the taking.*

Jury Instruction

Wis JI-Criminal 1463A

* When “intentionally” is used in a criminal statute, it requires, in addition to a mental purpose to cause the result specified, that “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.’” § 939.23(3). Thus, the instruction requires knowledge that the taking was without consent.

 

§ 943.23(2) Taking and driving a vehicle without the owner’s consent

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally took and drove a vehicle without the owner’s consent.

Elements of the Offense

  1. Prohibited Conduct: The defendant took and drove a vehicle.
  2. Intent: The taking and driving of the vehicle must be done intentionally.
  3. Lack of Consent: The vehicle must be taken and driven without the consent of the owner.
  4. Knowledge: The defendant knew that the owner of the vehicle did not consent to taking and driving the vehicle.*

Jury Instruction

Wis JI-Criminal 1464

* When “intentionally” is used in a criminal statute, it requires, in addition to a mental purpose to cause the result specified, that “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.’” § 939.23(3). Thus, the instruction requires knowledge that the taking and driving was without consent. Also, see State v. Edwards, 46 Wis.2d 249, 252, 174 N.W.2d 269 (1970), for a discussion of “intentionally” in the context of this offense.

 

§ 943.23(2g) Taking and driving a commercial motor vehicle without the owner’s consent

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally took and drove a commercial motor vehicle without the owner’s consent.

Elements of the Offense

  1. Prohibited Conduct: The defendant must take and drive a commercial motor vehicle.
  2. Type of Vehicle: The vehicle in question must be a commercial motor vehicle.
  3. Intent: The taking and driving of the commercial motor vehicle must be done intentionally.
  4. Lack of Consent: The vehicle must be taken and driven without the consent of the owner.
  5. Knowledge: The defendant knew that the owner of the vehicle did not consent to taking and driving the vehicle.*

Jury Instruction

Wis JI-Criminal 1464

* When “intentionally” is used in a criminal statute, it requires, in addition to a mental purpose to cause the result specified, that “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.’” § 939.23(3). Thus, the instruction requires knowledge that the taking and driving was without consent. Also, see State v. Edwards, 46 Wis.2d 249, 252, 174 N.W.2d 269 (1970), for a discussion of “intentionally” in the context of this offense.

 

§ 943.23(3) Driving or operating a vehicle without the owner’s consent

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally drove or operated a vehicle without the owner’s consent.

Elements of the Offense

  1. Prohibited Conduct: The defendant must drive or operates a vehicle without the consent of the owner.
  2. Intent: The driving or operation of the vehicle must be done intentionally.
  3. Lack of Consent: The vehicle must be driven or operated without the consent of the owner.
  4. Knowledge: The defendant must know that the owner of the vehicle did not consent to driving or operating the vehicle.

Jury Instruction

Wis JI-Criminal 1465

* When “intentionally” is used in a criminal statute, it requires, in addition to a mental purpose to cause the result specified, that “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.’” § 939.23(3). Thus, the instruction requires knowledge that the driving or operating was without consent.

 

§ 943.23(3g) Driving or operating a commercial motor vehicle without the owner’s consent

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally drove or operated a commercial motor vehicle without the owner’s consent.

Elements of the Offense

  1. Prohibited Intentional Conduct: The defendant intentionally drives or operates a commercial motor vehicle.
  2. Type of Vehicle: The vehicle in question must be a commercial motor vehicle.
  3. Lack of Consent: The commercial motor vehicle must be driven or operated without the consent of the owner.
  4. Knowledge: The defendant must know that the owner of the vehicle did not consent to driving or operating the vehicle.

Jury Instruction

Wis JI-Criminal 1465

* When “intentionally” is used in a criminal statute, it requires, in addition to a mental purpose to cause the result specified, that “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.’” § 939.23(3). Thus, the instruction requires knowledge that the driving or operating was without consent.

 

§ 943.23(4m) Intentionally accompanying a person who drives or operates a vehicle without the owner’s consent

Summary

To be guilty of this offense, the prosecution must prove that the defendant, who is a passenger in a vehicle, knew that the vehicle was being driven without the owner’s consent and intentionally accompanied the driver during the unlawful activity.

Elements of the Offense

  1. Person: The defendant must be a passenger in a vehicle.
  2. Intent: The defendant must intentionally accompany the driver as a passenger in the vehicle.
  3. Prohibited Conduct: The defendant accompanies the driver while the driver is violating one of the following:
    1. Sub. (2): Intentionally taking and driving a vehicle without the owner’s consent.
    2. Sub. (3): Intentionally driving or operating a vehicle without the owner’s consent.
    3. Sub. (3m): Intentionally driving or operating a commercial motor vehicle without the owner’s consent.
  4. Knowledge: The defendant must know that the owner of the vehicle does not consent to the driving or operation of the vehicle.

Jury Instruction

Wis JI-Criminal 1466

 

§ 943.23(5) Removing a major part of a vehicle without the owner’s consent

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally removed a part or component from a vehicle without the owner’s consent.

Elements of the Offense

  1. Prohibited Intentional Conduct: The defendant intentionally removes a part or component from a vehicle.
  2. Lack of Consent: The removal of the part or component must be done without the consent of the vehicle’s owner.
  3. Knowledge: The defendant must know that the owner did not consent to the removal.

Jury Instruction

Wis JI-Criminal 1467

* When “intentionally” is used in a criminal statute, it requires, in addition to a mental purpose to cause the result specified, that “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.’” § 939.23(3). Thus, the instruction requires knowledge that the owner did not consent.

 

§ 943.24(1) Issue of a worthless check: misdemeanor

Summary

To be guilty of this offense, the prosecution must prove that the defendant issued a check or other order for payment for an amount not exceeding $2,500 with the intention that it would not be paid.

Elements of the Offense

  1. Person: The defendant must be a person who issues a check or other order for payment.
  2. Amount: The check or order for payment must be for an amount not exceeding $2,500.
  3. Prohibited Intentional Conduct: The defendant must issue the check or other order for payment with the intent that it will not be paid.

Jury Instruction

Wis JI-Criminal 1468

 

§ 943.24(2) Issue of a worthless check: felony

Summary

To be guilty of this offense, the prosecution must prove that the defendant issued a single check or order for payment exceeding $2,500 or multiple checks or orders for payment totaling more than $2,500 within a 90-day period, with the intent that they would not be paid.

Elements of the Offense

  1. Person: The defendant must be a person who issues a check or other order for payment.
  2. Amount: The offense applies in two situations:
    • The defendant issues a single check or other order for payment of more than $2,500, or
    • The defendant issues more than one check or other order for payment within a 90-day period, where the total amount of those checks or orders exceeds $2,500.
  3. Prohibited Intentional Conduct: The defendant issues the check(s) or order(s) for payment with the intent that they will not be paid.
  4. Aggregation: If more than one check or order is issued, the total amount must exceed $2,500 within a 90-day period for the offense to qualify under this section.

Jury Instruction

Wis JI-Criminal 1469A
Wis JI-Criminal 1469B

 

§ 943.28(2) Loan sharking: extortionate extension of credit

Summary

To be found guilty of this offense, the prosecution must prove that the defendant either made an extortionate extension of credit or conspired to do so, and that at least one party involved in the conspiracy took an action to further its objective.

Elements of the Offense

  1. Making an Extortionate Extension of Credit: The defendant engaged in an act of extortionate extension of credit, which means the extension of credit under conditions that involve actual or implied threats of harm or other coercive means to enforce repayment.

    OR
    Conspiracy to Make an Extortionate Extension of Credit: The defendant conspired with one or more persons to make an extortionate extension of credit.
  2. Act to Effect the Object of the Conspiracy (If Conspiracy is Charged): At least one party to the conspiracy took an overt act to further the objective of the conspiracy.

Jury Instruction

Wis JI-Criminal 1472A

 

§ 943.28(3) Loan sharking: advancements for extortionate extensions of credit

Summary

To be guilty of this offense, the prosecution must prove that the defendant advanced money or property with the specific intent or purpose of enabling or facilitating extortionate extensions of credit. The advancement can occur in various forms, including as a gift, loan, investment, or under a partnership or profit-sharing agreement.

Elements of the Offense

  1. Prohibited Conduct: The defendant must advance money or property to another.
  2. Purpose: The advancement of money or property must be done with the specific purpose of facilitating or enabling extortionate extensions of credit.

Jury Instruction

Wis JI-Criminal 1472B

 

§ 943.28(4) Loan sharking: use of extortionate means

Summary

To be guilty of this offense, the prosecution must prove that the defendant knowingly participated in the use of extortionate means to collect or attempt to collect an extension of credit or to punish someone for not repaying the credit.

Elements of the Offense

  1. Prohibited Conduct: The defendant must participate in any way in the use of extortionate means to:
    • Collect or attempt to collect any extension of credit, or
    • Punish any person for the nonrepayment of an extension of credit.
  2. Knowledge: The defendant must knowingly participate in these activities.

Jury Instruction

Wis JI-Criminal 1472C

 

§ 943.30(1) Extortion: accuse or threaten to accuse

Summary

To be guilty of this offense, the prosecution must prove that the defendant either verbally or by any written or printed communication, maliciously threatened to accuse another of a crime or accused another of a crime, with intent to extort money or other financial benefits, or to compel the victim to act against their will or refrain from doing something lawful.

Elements of the Offense

  1. Prohibited Conduct: The defendant, either verbally or through a written or printed communication, must engage in one or more of the following actions:
    • Accuse another of any crime or offense.
    • Threaten to accuse another of any crime or offense
  2. Maliciousness: The defendant must make the accusation or threat maliciously.*
  3. Intent: The defendant’s conduct must be done with one of the following intents:
    • To extort money or any pecuniary advantage from the person being threatened or accused.*
    • To compel the person being threatened or accused to do any act against their will or to omit to do any lawful act.

Jury Instruction

Wis JI-Criminal 1473A

* A threat is made "maliciously" if it is made willfully and with an illegal intent. See State v. Compton, 77 Wis. 460, 466, 46 N.W. 535 (1890).

* To extort" means to obtain from another by coercion or intimidation. American Heritage Dictionary of the English Language (3rd Edition 1992).

 

§ 943.30(1) Extortion: threats to injure or accuse of crime

Summary

To be guilty of this offense, the prosecution must prove that the defendant either verbally or by any written or printed communication, injured or threatened to commit injury to a person, their property, or their business. The injury or threat to injure must be made with the intent to extort money or other financial benefits, or to compel the victim to act against their will or refrain from doing something lawful.

Elements of the Offense

  1. Prohibited Conduct: The defendant, either verbally or through a written or printed communication, must injure or threaten to injure a:
    • Person,
    • Property,
    • Business, profession, calling, or trade,
    • The profits or income of a business, profession, calling, or trade.*
  2. Intent: The defendant’s conduct must be done with one of the following intents:
    • To extort money or obtain a pecuniary advantage from the victim.*
    • To compel the victim to do any act against their will.
    • To compel the victim to omit performing any lawful act.

Jury Instruction

Wis JI-Criminal 1473B

* A “threat” is an expression of intention to do harm and may be communicated orally, in writing, or by conduct. This element requires a true threat. “True threat” means that a reasonable person making the threat would foresee that reasonable person would interpret the threat as a serious expression of intent to do harm. It is not necessary that the person making the threat have the ability to carry out the threat.

* To extort" means to obtain from another by coercion or intimidation. American Heritage Dictionary of the English Language (3rd Edition 1992).

 

§ 943.31 Threats to communicate derogatory information

Summary

To be guilty of this offense, the prosecution must prove that the defendant maliciously threatened to disseminate or communicate information, whether true or false, that would humiliate or injure the reputation of the threatened person or another person. The threat must be made with the intent to extort money or financial advantage or to compel the person to act against their will.

Elements of the Offense

  1. Prohibited Conduct: The defendant maliciously threatened to disseminate or communicate information to another.*
  2. Nature of the Information: The information, whether true or false, was such that its dissemination or communication would:
    • Humiliate the threatened person or another, or
    • Injure the reputation of the threatened person or another.
  3. Intent: The threat must be made with one of the following intents:
    • To extort money or any pecuniary advantage from the person being threatened.
    • To compel the person threatened to do any act against their will or refrain from performing a lawful act.

Jury Instruction

Wis JI-Criminal 1474

* A threat is made "maliciously" if it is made willfully and with an illegal intent. See State v. Compton, 77 Wis. 460, 466, 46 N.W. 535 (1890).

 

§ 943.32(1)(a) Robbery by force

Summary

To be guilty of this offense, the prosecution must prove that the defendant, with intent to steal, took property from the person or presence of the owner by using force to overcome resistance or compel acquiescence.

Elements of the Offense

  1. Taking Property: The defendant must have taken property from the person or presence of the owner.
  2. Use of Force: The defendant used force against the owner.
  3. Purpose of Force: The force was used with the intent to overcome the owner's physical resistance or physical power of resistance to the taking or carrying away of the property.
  4. Intent to Steal: The defendant acted with the intent to steal the property.*

Jury Instruction

Wis JI-Criminal 1479

* Depending on the facts, this may requires that the defendant knew that the property belonged to another and knew that the person did not consent to the taking of the property.

 

§ 943.32(1)(b) Robbery by threat

Summary

To be guilty of this offense, the prosecution must prove that the defendant, with intent to steal, took property from the person or presence of the owner by using force to overcome resistance or compel acquiescence.

Elements of the Offense

  1. Taking Property: The defendant must have taken property from the person or presence of the owner.
  2. Use of Force: The defendant used force against the owner.
  3. Purpose of Force: The force was used with the intent to overcome the owner's physical resistance or physical power of resistance to the taking or carrying away of the property.
  4. Intent to Steal: The defendant acted with the intent to steal the property.*

Jury Instruction

Wis JI-Criminal 1479

*  Depending on the facts, this may requires that the defendant knewthat the property belonged to another and knew that the person did not consent to the taking of the property.

 

§ 943.32(2) Armed robbery: by use or threat of use of a dangerous weapon

Summary

To be guilty of this offense, the prosecution must prove that the defendant committed a robbery (as defined in Sub. (1)) and, during the commission of the robbery, used or threatened to use a dangerous weapon, a specified device or container, or an article fashioned to make the victim reasonably believe it was a dangerous weapon.

Elements of the Offense

  1. Taking Property: The defendant took property from the person or presence of the owner.
  2. Intent to Steal: The defendant acted with the intent to steal.*
  3. Violation of Subsection (1): The accused committed robbery by:
    • Using force to overcome the physical resistance of the owner, or
    • Threatening the imminent use of force to compel the owner to acquiesce in the taking of the property.
  4. Use or Threat of a Dangerous Weapon or Similar Item: The robbery was committed through one of the following means:
    • The use of a dangerous weapon.
    • The threatened use of a dangerous weapon.
    • The use or threat involving a device or container described in § 941.26(4)(a) (e.g., tear gas, mace).
    • The use of an article fashioned or used in a manner to lead the victim to reasonably believe it was a dangerous weapon or such a device or container.

Jury Instruction

Wis JI-Criminal 1480

* Depending on the facts, this may requires that the defendant knew that the property belonged to another and knew that the person did not consent to the taking of the property.

 

§ 943.34 Receiving stolen property

Summary

To be guilty of this offense, the prosecution must prove that the defendant knowingly or intentionally received or concealed property that was stolen. The defendant must have known the property was stolen or intentionally took actions to hide it from being discovered.

Elements of the Offense

  1. Prohibited Conduct: The defendant must engage in one of the following actions:
    • Take possession of property that has been stolen.
    • Hide or keep property that has been stolen from being discovered.
  2. Stolen Property: The property in question must have been stolen.
  3. Knowledge or Intent: The defendant must either:

Jury Instruction

Wis JI-Criminal 1481

 

§ 943.37(3) Possession of property with altered identification marks

Summary

To be guilty of this offense, the prosecution must prove that the defendant either altered or removed a manufacturer's identification number from personal property or knowingly possessed personal property with such an altered or removed identification number.

Elements of the Offense

  1. Possession: The defendant must possess personal property with an altered or removed identification number.
  2. Prohibited Intentional Conduct: The defendant must intentionally alter or remove any manufacturer’s identification number on personal property.
  3. Knowledge: The defendant must know that the manufacturer’s identification number has been altered or removed.

Jury Instruction

Wis JI-Criminal 1488

 

§ 943.38(1) Forgery

Summary

To be guilty of this offense, the prosecution must prove that the defendant, with the intent to defraud, falsely made or altered a writing or object to make it appear as though it was made by someone else, at a different time, with different provisions, or with unauthorized authority. The writing or object in question must be one that is legally significant, such as documents that create, terminate, or transfer legal rights, public records, or official certifications.

Elements of the Offense

  1. Prohibited Conduct: The defendant must falsely make or alter  a writing or object of one of the following kinds so that it falsely appears to have been:
    • Made by another person,
    • Made at a different time,
    • Made with different provisions, or
    • Made by the authority of someone who did not give such authority.
  2.  Types of Writings or Objects: The writing or object involved in the forgery must fall into one of the following categories:
    • A writing or object that creates, terminates, or transfers legal rights or obligations, or any writing commonly relied upon in business or commercial transactions as evidence of debt or property rights.
    • A public record or a certified or authenticated copy thereof.
    • An official authentication or certification of a copy of a public record.
    • An official return or certificate entitled to be received as evidence of its contents. Examples include government-issued certificates or returns, like tax returns or official certifications.
  3. Intent: The defendant must act with the intent to defraud.*

Jury Instruction

Wis JI-Criminal 1491

* "Intent to defraud" is a term whose meaning varies according to the context in which it is used. 1953 Report on the Criminal Code, page 130, citing United States v. Cohn, 270 U.S. 330 (1925). The Committee concluded that the most understandable explanation of "intent to defraud" in the context of the typical forgery case is "the purpose to obtain property he or she was not entitled to receive."

 

§ 943.38(2) Uttering a forged writing with intent to utter

Summary

To be found guilty of this offense, the prosecution must prove that the defendant knowingly presented or offered a forged writing or object as genuine, understanding it to be falsely made or altered.

Elements of the Offense

  1. Uttering a Forged Writing or Object: The defendant uttered (presented, offered, or passed off) a forged writing or object as genuine.*
  2. Document Described in § (1): The document was a writing by which legal rights or obligations are created or transferred.
  3. Knowledge of Forgery: The defendant knew at the time of uttering that the writing or object had been falsely made or altered.
  4. Presentation as Genuine: The defendant acted with the intent to present the forged item as genuine.

Jury Instruction

Wis JI-Criminal 1492

* "The virtually universal rule is that 'a forged instrument is uttered when it is offered as genuine by words or conduct indicating that it is genuine, without regard to whether it is accepted.' 2 Wharton's Criminal Law and Procedure, § 650, p. 441 (1957)." Little v. State, 85 Wis.2d 558, 564, 271 N.W.2d 105 (1978).

 

§ 943.38(2) Possessing of a forged writing with intent to utter

Summary

To be found guilty of this offense, the prosecution must prove that the defendant knowingly possessed a forged writing or object with the intent to present it as false or genuine, understanding it to be falsely made or altered.

Elements of the Offense

  1. Possession of a Forged Writing or Object: The defendant had possession of a forged writing or object.
  2. Document Described in § (1): The document was a writing by which legal rights or obligations are created or transferred.
  3. Knowledge of Forgery: The defendant knew that the writing or object was falsely made or altered.
  4. Intent to Utter: The defendant possessed the forged writing or object with the intent to utter (present, offer, or pass it off) as false or genuine.

Jury Instruction

Wis JI-Criminal 1493

 

§ 943.39(1) Fraudulent writings: falsifying a corporate record

Summary

To be guilty of this offense, the prosecution must prove that the defendant, who is a director, officer, manager, agent, or employee of a corporation or LLC, intentionally falsified records, accounts, or other documents belonging to the corporation or LLC or made, circulated, or published false written statements about the corporation or LLC. The defendant must have acted with the intent to injure or defraud, meaning there was a deliberate purpose to deceive or cause harm. The defendant must also have known that the information or statements were false.

Elements of the Offense

  1. Person: The defendant must be a person who holds a specific position within a corporation or limited liability company (LLC), such as:
    • Director,
    • Officer,
    • Manager,
    • Agent, or
    • Employee.
  2. Prohibited Conduct: The defendant must engage in one or more of the following actions:
    • Falsifying any record, account, or other document belonging to the corporation or LLC by:
      • Changing the content of the document.
      • Making a false entry in the document.
      • Intentionally leaving out important information.
    • Making, circulating, or publishing any written statement regarding the corporation or LLC, knowing that the statement is false.
  3. Intent: The defendant must act with the intent to injure or defraud.

Jury Instruction

Wis JI-Criminal 1485

 

§ 943.39(2) Fraudulent writings: obtaining a signature by means of deceit

Summary

To be guilty of this offense, the prosecution must prove that the defendant, with the intent to injure or defraud, used deceit to obtain a signature on a writing that could be the subject of forgery under Wisconsin Statute § 943.38(1). The writing in question must be one that carries legal significance, such as a document related to legal rights, obligations, or business transactions. The defendant must have employed deception or trickery to secure the signature.

Elements of the Offense

  1. Prohibited Conduct: The defendant, by means of deceit, obtains a signature on a writing.
  2. Subject of Forgery: The writing to which the signature is obtained must be one that is the subject of forgery under Wisconsin Statute § 943.38(1). This includes writings that:
    • Create, terminate, or transfer legal rights or obligations,
    • Are commonly relied upon in business or commercial transactions as evidence of debt or property rights,
    • Are public records or certified/authenticated copies,
    • Are official authentications or certifications of copies of public records,
    • Are official returns or certificates entitled to be received as evidence of their contents.
  3. Deceit: The signature must be obtained through deceitful means.
  4. Intent: The defendant must act with the intent to injure or defraud.

Jury Instruction

Wis JI-Criminal 1486

 

§ 943.395(1)(a) Fraudulent insurance claim: presenting a false or fraudulent claim

Summary

To be guilty of this offense, the prosecution must prove that the defendant knowingly presented or caused to be presented a false or fraudulent claim, or any false proof in support of such a claim, to be paid under any insurance contract or certificate. The defendant must have known that the claim or proof was fraudulent at the time of submission.

Elements of the Offense

  1. Presentation of a Claim or Proof: The defendant either:
    • Presented a claim for payment, or any proof supporting such a claim, under a contract or certificate of insurance, or
    • Caused such a claim or proof to be presented.
  2. Falsity or Fraudulence of the Claim or Proof: The claim or proof was false or fraudulent.
  3. Knowledge: The defendant must know that the claim or proof they are presenting is false or fraudulent.

Jury Instruction

Wis JI-Criminal 1494

 

§ 943.41(3)(a) Theft of a financial transaction card

Summary

To be guilty of this offense, the prosecution must prove that the defendant either acquired a financial transaction card from another person without the cardholder’s consent or received the card knowing it was acquired without consent, with the intent to use, sell, or transfer it.

Elements of the Offense

  1. Prohibited Conduct: The defendant either:
    • Acquired a financial transaction card from the person, possession, custody, or control of another without the cardholder’s consent, or
    • Received a financial transaction card knowing it was acquired without the cardholder’s consent.
  2. Knowledge: The defendant must know that the card was acquired without the cardholder’s consent.
  3. Intent: The defendant must have the intent to use, sell, or transfer the financial transaction card when they receive it.

Jury Instruction

Wis JI-Criminal 1496

 

§ 943.41(5)(a)1.a. Fraudulent use of a financial transaction card

Summary

To be found guilty under this offense, the prosecution must prove that the defendant used a financial transaction card to obtain money, goods, services, or anything else of value, knowing the card was obtained unlawfully, forged, expired, or revoked, and with intent to defraud.

Elements of the Offense

  1. Use of a Financial Transaction Card: The defendant used a financial transaction card for the purpose of obtaining money, goods, services, or anything else of value.
  2. Card Obtained or Retained in Violation of the Law: The financial transaction card was:
    • Obtained or retained without the cardholder’s consent, or
    • Known by the defendant to be forged, expired, or revoked.
  3. Intent to Defraud: The defendant acted with the intent to defraud:
    • The card issuer, or
    • A person or organization providing money, goods, services, or anything of value, or
    • Any other person.*

Jury Instruction

Wis JI-Criminal 1497

* "Intent to defraud" is an intent to obtain something of value by deception or representation known to be false

 

§ 943.41(5)(a)1.b. Fraudulent use of a financial transaction card

Summary

To be found guilty of this offense, the prosecution must prove that the defendant obtained money, goods, services, or anything else of value by falsely representing themselves as the holder of a financial transaction card, either without the cardholder's consent or for a card that had not been issued, and that the act was done with intent to defraud.

Elements of the Offense

  1. Obtaining Money, Goods, Services, or Anything Else of Value: The defendant obtained money, goods, services, or anything else of value through a misrepresentation.
  2. False Representation of Card Ownership: The defendant falsely represented that:
    • They were the holder of a specified financial transaction card without the cardholder’s consent, or
    • They were the holder of a financial transaction card that had not been issued.
  3. Intent to Defraud: The defendant acted with the intent to defraud the issuer, a person or organization providing the money, goods, services, or anything else of value, or any other person.*

Jury Instruction

Wis JI-Criminal 1497A

* "Intent to defraud" is an intent to obtain something of value by deception or representation known to be false

 

§ 943.41(6m) Financial transaction card factoring

Summary

To be guilty of this offense, the prosecution must prove that the defendant, who is authorized to provide money, goods, services, or anything else of value in exchange for a financial transaction card, improperly deposited, assigned, endorsed, or presented for payment a financial transaction card transaction record.

Elements of the Offense

  1. Person: The defendant must be a person who is authorized to furnish money, goods, services, or anything else of value upon the presentation of a financial transaction card.
  2. Prohibited Conduct: The defendant engages in one or more of the following actions involving a financial transaction card transaction record:
    • Deposits the transaction record with an issuer or another person authorized to acquire transaction records.
    • Assigns the transaction record.
    • Endorses the transaction record.
    • Presents the transaction record for payment to an issuer or any other person authorized to acquire transaction records for presentation to an issuer.
  3. Condition of Prohibited Conduct: The prohibited conduct applies if the person did not furnish or agree to furnish the money, goods, services, or anything else of value that is represented by the transaction record.

Jury Instruction

Wis JI-Criminal 1497B

 

§ 943.45(1)(a) and (3)(c) Theft of telecommunications service

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally obtained or attempted to obtain telecommunications service by charging it to another person's telephone number or credit card without their consent. If the defendant committed this act for direct or indirect commercial advantage or private financial gain, the offense is classified as a Class A misdemeanor.

Elements of the Offense

  1. Prohibited Conduct: The defendant obtains or attempts to obtain telecommunications service by charging the telecommunications service to an existing telephone number or credit card number.
  2. Without Consent: The defendant obtains or attempts to obtain telecommunications service without the consent of the subscriber to that service or the legitimate holder of the credit card.
  3. Intent: The defendant’s actions must be intentional.
  4. Commercial Advantage or Financial Gain: If the defendant violates Sub. (1) for the purpose of gaining a direct or indirect commercial advantage or private financial gain, the offense is subject to a specific classification.

Jury Instruction

Wis JI-Criminal 1495

 

§ 943.50(1m)(a)-(e) Retail Theft

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally engaged in actions such as altering price tags, taking, carrying away, transferring, concealing, or retaining possession of merchandise or property held for resale by a merchant, all without the merchant’s consent. The defendant must have acted with the intent to permanently deprive the merchant of the merchandise or its full purchase price.

Elements of the Offense

  1. Prohibited Conduct: The defendant engages in one or more of the following actions with respect to merchandise held for resale by a merchant or property of a merchant:
    • Altering Price or Value: The defendant intentionally alters indicia (signs or markings) of price or value on the merchandise or property.
    • Taking and Carrying Away: The defendant intentionally takes and carries away the merchandise or property.
    • Transferring: The defendant intentionally transfers the merchandise or property.
    • Concealing: The defendant intentionally conceals the merchandise or property.
    • Retaining Possession: The defendant intentionally retains possession of the merchandise or property without paying for it.
  2. Knowledge: The defendant must know that the property involved was merchandise held for resale by a merchant.*
  3. Merchant’s Consent: The actions must be done without the merchant’s consent.
  4. Knowledge: The defendant must know that the merchant did not consent.*
  5. Intent: The defendant must have the intent to permanently deprive the merchant of possession of the merchandise or the full purchase price of the merchandise or property.

Jury Instruction

Wis JI-Criminal 1498

* “Intentionally” requires that the defendant acted with the purpose to do the thing or cause the result specified “or is aware that his or her act is practically certain to cause that result.” § 939.23(3). See Wis JI-Criminal 923A and 923B. “Intentionally” also requires knowledge of those facts necessary to make the conduct criminal that follow the word in the statute. See § 939.23(3).

 

§ 943.50(1m)(f) Retail theft: removing a theft detection device

Summary

To be guilty of this offense, the prosecution must prove that the defendant, while inside a merchant's store, intentionally removed a theft detection device from merchandise held for resale or from the merchant's property. The removal must be done without the merchant's consent, and the defendant must have acted with the intention to disable the theft detection device.

Elements of the Offense

  1. Prohibited Conduct: The defendant must remove a theft detection device from merchandise held for resale by a merchant or from property of a merchant.
  2. Location: The removal of the theft detection device must occur while the defendant is anywhere inside the merchant’s store.
  3. Knowledge: The defendant must know that the property was merchandise held for resale by a merchant.*
  4. Merchant’s Consent: The actions must be done without the merchant’s consent.
  5. Knowledge: The defendant must know that the merchant did not consent.*
  6. Intent: The defendant must have the intent to permanently deprive the merchant of possession of the merchandise or the full purchase price of the merchandise or property.

Jury Instruction

Wis JI-Criminal 1498A

* “Intentionally” requires that the defendant acted with the purpose to do the thing or cause the result specified “or is aware that his or her act is practically certain to cause that result.” § 939.23(3). See Wis JI-Criminal 923A and 923B. “Intentionally” also requires knowledge of those facts necessary to make the conduct criminal that follow the word in the statute. See § 939.23(3).

 

§ 943.50(1m)(g) Retail theft: using a theft detection shielding device

Summary

To be guilty of this offense, the prosecution must prove that the defendant either used or possessed with the intent to use a theft detection shielding device to prevent merchandise or property held for resale by a merchant from being detected by an electronic or magnetic theft alarm sensor. The defendant’s actions must be intentional, with the specific purpose of bypassing theft detection systems.

Elements of the Offense

  1. Prohibited Conduct: The defendant either:
    • Actively uses a theft detection shielding device to shield merchandise or property from being detected by theft alarm sensors.
    • Possesses a theft detection shielding device with the intent to use it to shield merchandise or property from being detected by theft alarm sensors.
  2. Merchandise or Property: The merchandise or property involved must be held for resale by a merchant or belong to the merchant.
  3. Knowledge: The defendant must know that the property was merchandise held for resale by a merchant.*
  4. Merchant’s Consent: The actions must be done without the merchant’s consent.
  5. Knowledge: The defendant must know that the merchant did not consent.*
  6. Intent: The defendant must act with the intent to use the theft detection shielding device to prevent merchandise from being detected by an electronic or magnetic theft alarm sensor.

Jury Instruction

Wis JI-Criminal 1498B

* “Intentionally” requires that the defendant acted with the purpose to do the thing or cause the result specified “or is aware that his or her act is practically certain to cause that result.” § 939.23(3). See Wis JI-Criminal 923A and 923B. “Intentionally” also requires knowledge of those facts necessary to make the conduct criminal that follow the word in the statute. See § 939.23(3).

 

§ 943.50(1r) Theft of services

Summary

To be guilty of this offense, the prosecution must prove that the defendant obtained a service from a service provider and, without the provider’s consent, intended to permanently deprive the provider of the full payment for the service. The defendant must have either absconded without paying or intentionally failed or refused to pay for the service.

Elements of the Offense

  1. Service Obtained: The defendant must have received a service provided by a service provider.
  2. Prohibited Conduct: The defendant engages in one or more of the following actions:
    • Absconding: The defendant leaves or departs from the service provider’s premises or location without paying for the service.
    • Failing or Refusing to Pay: The defendant intentionally fails or refuses to pay for the service after it has been provided.
  3. Lack of Consent: The defendant’s actions must occur without the consent of the service provider.
  4. Intent: The defendant must have the intent to permanently deprive the service provider of the full price of the service.

Jury Instruction

Wis JI-Criminal 1498C

 

§ 943.60 Criminal Slander of Title

Summary

To be guilty of this offense, the prosecution must prove that the defendant submitted an instrument (such as a lien, claim of lien, lis pendens, writ of attachment, financing statement, or any similar document) for filing, entering, or recording, and that the defendant knew or should have known that the content or part of the content of that instrument was false, a sham, or frivolous.

Elements of the Offense

  1. Prohibited Conduct: The defendant submits for filing, entering, or recording any of the following instruments:
    • A lien,
    • A claim of lien,
    • A lis pendens (a notice of a pending lawsuit involving property),
    • A writ of attachment,
    • A financing statement,
    • Any other instrument relating to a security interest in or title to real or personal property.
  2. Instrument: The contents or any part of the contents of the instrument were false, a sham, or frivolous.
  3. Knowledge: The defendant must know or should have known that the contents or any part of the contents of the instrument are:
    • False,
    • A sham, or
    • Frivolous.

Jury Instruction

Wis JI-Criminal 1499

 

§ 943.70(2)(a)1-5 Computer crime: accessing data without authorization

Summary

To be guilty of this offense, the prosecution must prove that the defendant willfully and knowingly engaged in one of the prohibited activities—such as modifying, destroying, accessing, taking possession of, or copying data, computer programs, or supporting documentation—without authorization. These actions can range from unauthorized alterations or deletions to unlawful access or duplication of sensitive information.

Elements of the Offense

  1. Prohibited Conduct: The defendant willfully, knowingly, and without authorization does any of the following:
    • Modifies Data, Computer Programs, or Supporting Documentation: The defendant alters or changes existing data, computer programs, or any associated documentation.
    • Destroys Data, Computer Programs, or Supporting Documentation: The defendant deletes, erases, or otherwise causes the destruction of data, computer programs, or supporting documentation, rendering them unusable.
    • Accesses Computer Programs or Supporting Documentation: The defendant gains unauthorized access to computer programs or supporting documentation.
    • Takes Possession of Data, Computer Programs, or Supporting Documentation: The defendant unlawfully takes control of or acquires data, computer programs, or supporting documentation, effectively seizing or holding them without authorization.
    • Copies Data, Computer Programs, or Supporting Documentation: The defendant duplicates data, computer programs, or supporting documentation, either by physical or electronic means, without permission.
  2. Lack of Authorization: The defendant’s actions must be done without the permission or authorization of the owner or controller of the data, programs, or documentation.
  3. Intent: The defendant must act intentionally.
  4. Knowledge: The defendant must know the person responsible for the computer data or programs did not authorize the defendant’s actions.

Jury Instruction

Wis JI-Criminal 1504

 

§ 943.70(2)(a)6. Computer crime: disclosing restricted access codes or information

Summary

To be guilty of this offense, the prosecution must prove that the defendant willfully and knowingly disclosed restricted access codes or other restricted access information to unauthorized persons without the proper authorization. This conduct involves the intentional sharing of information that is meant to control or restrict access to computer systems, programs, or data, with individuals who are not permitted to have it.

Elements of the Offense

  1. Prohibited Conduct: The defendant must disclose restricted access codes or other restricted access information to unauthorized persons.
  2. Lack of Authorization: The disclosure of restricted access codes or information must be done without authorization.
  3. Knowledge: The defendant must know that they did not have authorization and know that the disclosure was to an unauthorized person.
  4. Intent: The defendant must act intentionally.

Jury Instruction

Wis JI-Criminal 1505

 

§ 943.70(3)(a)2 Computer crime: using or damaging a system or network without authorization

Summary

To be guilty of this offense, the prosecution must prove that the defendant willfully and knowingly destroyed, used, took, or damaged a computer, computer system, computer network, or related equipment or supplies without authorization. The defendant’s actions must be intentional and unauthorized, involving physical or electronic interference with the operation or possession of the computer-related property.

Elements of the Offense

  1. Prohibited Conduct: The defendant engages in one or more of the following actions involving a computer, computer system, computer network, or related equipment or supplies:
    • Destroys: The defendant physically or electronically damages or renders the computer, system, network, or equipment unusable.
    • Uses: The defendant unlawfully utilizes the computer, system, network, or equipment without proper authorization.
    • Takes: The defendant unlawfully takes possession of the computer, system, network, or equipment.
    • Damages: The defendant causes harm to the computer, system, network, or equipment, impairing its function or value.
  2. Lack of Authorization: The defendant’s actions must be conducted without authorization.
  3. Knowledge: The defendant must know that their actions are unauthorized and that they are dealing with computers, computer systems, networks, or related equipment or supplies.
  4. Intent: The defendant’s actions are intentional.

Jury Instruction

Wis JI-Criminal 1506

 

§ 943.82(1) Fraud against a financial institution

Summary

To be guilty of this offense, the prosecution must prove that the defendant obtained or attempted to obtain money, funds, credits, assets, securities, or other property from a financial institution through false pretenses, representations, promises, or by using a fraudulent device, scheme, artifice, or monetary instrument. The defendant’s actions must be intentional, with the purpose of deceiving the financial institution to gain financially.

Elements of the Offense

  1. Prohibited Conduct: The defendant must obtain or attempt to obtain any of the following from the financial institution:
    • Money,
    • Funds,
    • Credits,
    • Assets,
    • Securities, or
    • Other property owned by or under the custody or control of the financial institution.
    • Means of Fraud: The defendant must use one or more of the following fraudulent methods to obtain the above-mentioned property:
    • False Pretenses: The defendant uses deceit or lies to misrepresent facts or circumstances to the financial institution.
    • False Representations: The defendant makes false statements or claims to the financial institution.
    • False Promises: The defendant makes promises they do not intend to keep or know are false to deceive the financial institution.
  2. Fraudulent Device, Scheme, or Artifice: The defendant employs a deliberate plan or strategy designed to defraud the financial institution.
  3. Monetary Instrument: The defendant uses a false or fraudulent check, note, draft, or other financial instrument to deceive the financial institution.
  4. Victim: The victim must be a financial institution.

Jury Instruction

Wis JI-Criminal 1512

 

§ 943.84(2) Transfer of encumbered personal property with intent to defraud

Summary

To be guilty of this offense, the prosecution must prove that the defendant, with the intent to defraud, either concealed, removed, or transferred personal property in which another party had a security interest or violated a security agreement by failing or refusing to pay over the proceeds from the sale of such property to the secured party. The defendant’s actions must be intentional, with the purpose of deceiving or cheating the secured party, often to prevent them from obtaining their rightful claim to the property or its proceeds.

Elements of the Offense

  1. Prohibited Conduct: The defendant must conceal, remove, or transfer any personal property in which another party has a security interest.
  2. Knowledge: The defendant must be aware that the property is subject to a security interest held by another party.
  3. Intent: The defendant must act with intent to defraud.

Jury Instruction

Wis JI-Criminal 1470

 

§ 943.87 Robbery of a financial institution

Summary

To be guilty of this offense, the prosecution must prove that the defendant took money or property from an individual or in the presence of an individual, with the money or property belonging to or under the control of a financial institution. The taking must have been accomplished by the use of force, the threat of imminent force, or by creating circumstances that would lead a reasonable person to believe that the use of force was imminent.

Elements of the Offense

  1. Prohibited Conduct: The defendant takes money or property from an individual or in the presence of an individual, where the money or property is:
    • Owned by the financial institution, or
    • Under the custody or control of the financial institution.
  2. Use of Force or Threat: The defendant accomplishes the taking by one of the following means:
    • Use of Force: The defendant uses physical force against the individual to take the money or property.
    • Threat of Imminent Force: The defendant threatens to use imminent force against the individual, causing fear that force will be immediately used.
    • Creating Circumstances Indicating Imminent Force: The defendant creates circumstances that would cause a reasonable person to believe that the use of force is imminent, even if force is not actually used.
  3. Victim: The victim must be an individual present in or associated with a financial institution, and the money or property taken must be owned by or under the custody or control of the financial institution.
  4. Intent: The defendant must have the intent to take money or property from the financial institution by force or the threat of force.

Jury Instruction

Wis JI-Criminal 1522

 

§ 943.895(2)(a)1-2. Money laundering

Summary

To be guilty of this offense, the prosecution must prove that the defendant knowingly engaged in one of the following activities with proceeds derived from unlawful activity:

  • Receiving or Acquiring Proceeds: The defendant knowingly received, acquired, or conducted a transaction involving proceeds they knew were derived from unlawful activity.
  • Facilitating the Movement of Proceeds: The defendant knowingly directed, planned, organized, initiated, financed, managed, supervised, or facilitated the transportation or transfer of proceeds they knew were derived from unlawful activity.

Elements of the Offense

  1. Prohibited Conduct: Receiving or Acquiring Proceeds:
    • The defendant knowingly receives, acquires, directs, plans, organizes, initiates, finances, manages, supervises, or facilitates the transportation or transfer of proceeds that are derived from unlawful activity.
    • The defendant knowingly conducts a transaction involving proceeds that are derived from unlawful activity.
  2. Proceeds: The proceeds involved must be derived from unlawful activity.
  3. Knowledge: The defendant must know that the proceeds involved are derived from unlawful activity.

Jury Instruction

Wis JI-Criminal 1524

 

§ 943.895(2)(a)3. Money laundering

Summary
To be guilty of this offense, the prosecution must prove that the defendant knowingly engaged in activities such as giving, selling, transferring, trading, investing, concealing, transporting, or otherwise making available proceeds that they knew were intended to be used for committing or furthering unlawful activity.
Elements of the Offense

  1. Prohibited Conduct: The defendant must knowingly engage in one or more of the following actions with proceeds that are available:
    • The defendant provides the proceeds to another person.
    • The defendant sells the proceeds to another person.
    • The defendant transfers ownership or possession of the proceeds to another person.
    • The defendant exchanges the proceeds for something else of value.
    • The defendant invests the proceeds in a venture or activity.
    • The defendant hides or attempts to hide the proceeds.
    • The defendant physically moves the proceeds from one place to another.
    • The defendant otherwise makes the proceeds accessible to others.
  2. Proceeds: The proceeds were derived from unlawful activity.
  3. Knowledge: The defendant must know that the proceeds are intended to be used for the purpose of committing or furthering the commission of unlawful activity.

Jury Instruction

Wis JI-Criminal 1525

 

§ 943.895(2)(a)4. Money laundering

Summary

To be guilty of this offense, the prosecution must prove that the defendant knowingly conducted a transaction involving proceeds derived from unlawful activity, with the specific intent to either (a) conceal or disguise the nature, location, source, ownership, or control of those proceeds, or (b) avoid a transaction reporting requirement under federal law.

Elements of the Offense

  1. Prohibited Conduct: The defendant must knowingly conduct a transaction that involves proceeds derived from unlawful activity. The transaction must be designed, in whole or in part, to achieve one of the following objectives:
    • Concealment or Disguise: The transaction is designed to conceal or disguise the nature, location, source, ownership, or control of the proceeds obtained through unlawful activity.
    • Avoiding Transaction Reporting Requirements: The transaction is designed to avoid a transaction reporting requirement under federal law.
  2. Knowledge: The defendant must know that the proceeds involved in the transaction are derived from unlawful activity.

Jury Instruction

Wis JI-Criminal 1526

 

Updated January 2025

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