Wisconsin State Law Library

Abandonment | 2152
See: Failure to support
By husband or father | 2000
Of child | 2148

Abduction | 2160, 2161, 2162, 2163

Abettor, definition | 400

Abortion | 1125

Absconding without paying rent | 1462
Affirmative defense | 1462A

Abuse |
Domestic, within 72 hours | 983

Abuse of children |
By a child care provider | 2115
Failure to report | 1221C, 2119
Mental abuse | 2116
Physical abuse | 2108, 2108A, 2108B, 2109, 2110, 2111, 2112, 2113, 2114A, 2114A_EXAMPLE

Abuse of individual at risk | 1268, 1268_EXAMPLE

Abuse of inmates of institutions | 1270

Abuse of patients and residents of facilities | 1271, 1271_EXAMPLE, 1272

Abuse of residents of penal facilities | 1270

Acceptance of plea of guilty: procedure to be used | SM-32

Accident |
Failure to give information or render aid | 2670
Generally | 772

Accomplices |
See: Conspiracy
Statement admitted for nonhearsay purpose | 220B
Testimony, effect | 245

Acting in an official capacity | 915

Administering dangerous or stupefying drug | 1352

Admissibility of evidence obtained by a search and seizure | SM-62

Admissions |
See: Confessions and admissions

Advice to a person found not guilty by reason of mental disease or defect and committed for institutional care | SM-50A

Agent |
Liability of employer for agent's acts | 435, 425, 430, 440

Aggravated battery | 1224, 1224A, 1225

Aggravated recklessness: Circumstances which show utter disregard for human life | 924.1

Agreed facts, accepted as proved | 162

Agreed testimony | 161

Agreement |
Jurors, supplemental instructions | 520
Jurors, verdict must be unanimous | 515

Aiding a felon | 1790
By destroying, etc., physical evidence | 1791

Aiding and abetting | 400, 401, 405, 406, 407
Sexual assault while aided | 1205, 1214

Airgun |
Homicide by intoxicated user | 1190
Homicide by negligent use | 1175
Injury by negligent use | 1260

Alcohol |
"Alford" plea | SM-32A
Beverages, providing to underage person | 5050
Chemical tests for intoxication | 230, 232, 234, 235
Concentration level | 2663C
Driving under influence | 2660, 2660A, 2660B, 2660C, 2660D, 2661A, 2662, 2663, 2663A, 2663B, 2663C, 2663D, 2664, 2664A, 2664B, 2665, 2666, 2666A, 2667, 2668
Homicide by intoxicated user | 1185, 1190
Intoxication as a defense | 755, 765

Alibi, defense | 775

Alteration of property identification marks | 1488

Altering a lottery ticket | 1650

Analog, controlled substance | 6005

Anhydrous ammonia, theft of | 5024

Animal mistreatment |
Failure to provide food and water | 1982
Failure to provide shelter | 1984
Instigating fights | 1986
Keeping animal for fighting | 1988
Treating in a cruel manner | 1980

Anonymous juries | 146

Appeal, bail pending | SM-39

Appeals rights, advice to defendant |
Instruction to be given upon conviction and sentence | SM-33
Instruction upon denial of a postconviction motion other than § 974.06 | SM-33A
Instruction upon denial of a postconviction motion under § 974.06 | SM-33B

Appointment of counsel, recommended questions and procedure |
At initial appearance | SM-30
For preliminary hearing | SM-31
Guilty plea | SM-32

Arguments, closing, of counsel | 160

Armed robbery | 1480, 1480A

Arraignment |
Requirements of | SM-25
Sex crimes charge | SM-40

Arson |
Defined | 1404, 1405, 1408, 1410
Of building of another | 1404
Of building with intent to defraud insurer | 1405
Of property other than building | 1408
Of property other than building, With intent to defraud | 1410
When committed | 1410

Assault by prisoner | 1778, 1779, 1779A

Assisting or permitting escape | 1780, 1781, 1782

Assisting suicide | 1195

Attempt |
Example: armed robbery | 582
Example: burglary | 581

Attempt, generally | 580

Attempted |
First degree intentional homicide | 1070, 1072
Murder, felony, underlying felony | 1031
Possession of a controlled substance | 6031
Second degree intentional homicide | 1072
Second degree sexual assault of a child | 2105A

Attendance, school | 2174

Attorney, Battery or threat to | 1241A, 1241B

Attorneys |
Arguments, effect | 160
Improper questions, objections, effect | 147, 215
Statements or remarks, disregarding | 157

Automobiles |
See: Vehicles

Baby Luke's Law | 1187, 2664B

Bail |
After conviction | SM-39
Jumping | 1795

Bailee, larceny by | 1444

Battery |
Aggravated | 1224, 1224A, 1225
By a person placed in a facility | 1228A
By a person subject to an injunction | 1229
By prisoner | 1228
Self-defense in issue | 1220A, 1222A, 1223A, 1224A, 1225A
Simple battery | 1220
Substantial with intent to cause bodily harm | 1222, 1223, 1223A
To a health care provider | 1247B
To a staff member of a health care facility | 1247A
To county, city, village, town employee | 1245
To Department of Commerce or Department of Workforce Development employee | 1244
To Department of Revenue employee | 1242
To emergency department worker, an emergency medical technician, a first responder, or an ambulance driver | 1237
To judge | 1240, 1240A
To law enforcement officer or fire fighter | 1230, 1240C
To nurse | 1243
To peace officer | 1230
To probation or parole agent | 1231
To prosecutor | 1240C
To public officer | 1234
To public transit vehicle operator or passenger | 1236
To technical college district or school district officer or employee | 1235
To unborn child | 1227
To witness or juror | 1232, 1233, 1238, 1239
Under § 940.19(4) | 1224
Under § 940.19(6) | 1226
Under § 940.20(1m) | 1229

Behavior |
Lewd and lascivious, cohabitation | 1545
Lewd and lascivious, exposing genitals | 1544B
Lewd and lascivious, indecent act of sexual gratification with another | 1544A

Bet, receiving | 1602

Blood alcohol |
Concentration chart | 237
Curve | 234
Tests | 230, 232, 234, 235

Bodily harm |
See: Great bodily harm
Battery | 1220
Injury by negligent use of weapon | 1260

Bomb scares | 1905, 1920

Bow and arrow |
Homicide by negligent use | 1175
Injury by negligent use | 1260

Breathalyzer, refusal of | 235

Bribery |
By offer of bribe to influence decision | 1721
By person promising or transferring a bribe | 1720
Defined | 1720
Of public officer or employee | 1720, 1721
Of witnesses: accepting a bribe | 1808B
Of witnesses: transferring property | 1808A

Bulletproof garment | 993

Burden of proof |
Alibi | 775
Confession or admission | 180
Confession or admission, mental condition in issue | 185
Forfeiture actions | 2050, 140A, 515A
General rule, innocence presumed | 140
Not guilty by reason of mental disease or defect | 600, 601, 602, 603, 605, 605A, 605B, 606, 607, 640, 650, 655-CPC, 660, 661, 662
Paternity cases | 2010
State must prove guilt beyond reasonable doubt | 140

Burden of proof and presumption of innocence | 140

Burglarious tools, possession of | 1431

Burglary |
Arming oneself with a dangerous weapon while in the enclosure | 1425B
Committing a battery while in the enclosure | 1425C
Person lawfully present in the enclosure | 1425E
While armed | 1422, 1425A
With intent to commit felony | 1424
With intent to steal | 1421

Burning material, negligent handling of | 1310

Carjacking | 1465

Carrying a firearm |
A handgun on premises where alcohol beverages are consumed | 1338, 1338A
In a public building | 1337

Carrying a knife | 1336

Carrying concealed weapon | 1335, 1335A, 1335B, 1336

Carrying weapon where prohibited | 1339

Catnapping | 1983

Cause | 901

Causing a child |
To expose genitals or pubic area | 2141
To view or listen to sexual activity | 2125

Causing mental harm to a child | 2116

Certificate of title, false statement | 2590

Character and reputation |
Bad reputation of defendant or witness for veracity | 330
Defendant's as evidence | 270
Prior convictions to prove character | 276

Charges, disposed of during trial | 128

Charges, multiple, same offense: three victims | 116_EXAMPLE

Check |
Definition of | 1491
Forgery of | 1491
Possession of a forged check with intent to utter | 1493
Unattended in a child care vehicle | 2175
Uttering a forged check | 1492
Worthless, issue of | 1468
Worthless, issue of, Over $500 | 1469A, 1469B

Chemical test, intoxication | 230, 232, 234, 235

Child |
See: Crimes against children
Abandonment of | 2148
Abduction of | 2160, 2161, 2162, 2163
Abuse of | 2108, 2108A, 2108B, 2109, 2110, 2111, 2112, 2113, 2114, 2114A, 2114_EXAMPLE, 2115, 2116
Abuse of, Failure to act or prevent | 2106, 2108B
Abuse of, Failure to report | 1221C, 2119
Chronic neglect of | 2151
Concealing death of | 2154
Contributing to delinquency or neglect of | 2150, 2170, 2170A, 2171
Credibility as witness | 340
Custody, interference with | 2166, 2167, 2167A, 2168, 2169
Discipline by parent | 950, 951
Discipline by person in loco parentis | 955
Enticing | 2134, 2134A, 2134B
Exploitation of, sexual | 2120, 2122
Exploitation of, sexual, Affirmative defense for | 2120A
Sexual assault | 2102, 2102A, 2102B, 2102C, 2102D, 2102E
Support, failure to provide | 2152
Unborn, in vehicle | 999A
Welfare, person responsible for | 2106A

Child pornography |
Exhibiting or displaying a recording | 2146B
Possession of | 2146
Possession of a recording | 2146A
Possession of virtual child pornography | 2146C

Child sex offender working with children | 2147

Chronic neglect, Of a child | 2151

Circumstantial evidence, effect | 170
Flight | 172
Possession of recently stolen property | 173

Closing instruction | 460, 465
Optional short form | 465
Supplemental, on agreement | 520
Verdicts | See: Verdicts

Cocaine, finding amount | 6001
See: Controlled substances

Codefendants |
Judged separately | 120, 122, 125, 127, 128
Statement of | 220
Statement of, statement does not mention defendant | 221
Verdicts | 490, 492, 494, 496

Coercion, as a defense | 790, 1015

Coercion: trafficking: defense for a victim of human or child trafficking | 791, 791_EXAMPLE

Cohabitation, lewd and lascivious behavior | 1545

Collateral attach on prior convictions | SM-16

Color of office. defined | 1734

Combination, Operating a motor vehicle under the influence of any combination of an intoxicant and any other drug | 2666A

Comment: Gender Neutral Language | 5

Commercial gambling |
Collecting the proceeds of a gambling machine | 1605
Operating a gambling place | 1601
Receiving a bet | 1602
Using wire communications | 1607

Commitment |
As a sexually violent person under Chapter 980, Wis. Stats. | 2502
Not competent to stand trial | SM-50
Not guilty by reason of mental disease or defect | SM-50A
Under the Sex Crimes Law | 1550, 1551A, 1551B, 1551C

Common knowledge, juror may use | 195

Communicating with a juror | 1812

Communication, written, denial of rights | 1390

Competency to proceed | SM-50
To plead guilty | SM-32
To waive counsel | SM-30
To waive preliminary | SM-31

Complaint |
See: Pleadings

Compulsory school attendance | 2174

Computer crime | 1504, 1505, 1506

Computer, use of, in child sex crime | 2135

Concealed weapon | 1335, 1335A, 1335B

Concealing |
Death of child | 2154
Identity | 1805, 994
Stolen property | 1481

Conduct |
Criminal negligence | 925, 1170, 1175
Disorderly | 1900
Negligent use of weapon | 1260
Reckless | 924, 1160, 1250, 1345

Confessions and admissions |
Admissibility of, procedure to determine | SM-60
Evidence that defendant did not understand questions | 187
How considered | 180
Impeachment by inadmissible statement | 320
Interlocking | 220A
Mental or physical condition of defendant | 180, 185
Questions not understood | 187
Series of statements | 182

Conflict of interest, inquiry into | SM-45

Consent |
Entry without, in burglary | 1421, 1424
Operating vehicle without | 1466
Question in battery case | 1220
Sexual assault | 1201, 1201A, 1203, 1205, 1206, 1207, 1208, 1209, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1217A, 1218A, 1218B, 1219
To proceed by videoconference | SM-18
Without | 948

Conspiracy |
Inchoate crime | 570
Party to crime | 401, 402, 410, 411
Statement of co-conspirator | 418
Withdrawal | 412

Contempt, punitive sanction | 2031

Contractor, theft by | 1443

Contributing to the delinquency of a child | 2170, 2171
Death as a consequence | 2170A

Contributing to truancy | 2173

Contributory negligence | 926

Controlled substance |
Acquiring possession by misrepresentation | 6038
Analog | 6005
Attempted possession of a | 6031
Causing death by delivery of | 1021
Cocaine, finding amount | 6001
Delivery of a | 6020
Delivery of an analog | 6020A
Delivery of imitation | 6042
Delivery of noncontrolled | 6040
Detectable amount of | 1187, 2664B
Keeping or maintaining a place | 6037
Manufacture of | 6021
Note on the knowledge requirement in, cases | 6000
Operating a motor vehicle while under the influence of a | 2666
Possession | 6030
Possession as lesser included offense | 6035, 6036
Possession of a controlled substance without tax stamp | 6009
Possession with intent to deliver | 6035
Possession with intent to manufacture | 6036

Convicted person, required instruction following plea or trial | SM-33

Conviction |
Character evidence | 276
Circumstantial evidence, when sufficient | 170
Motive not essential | 175
One count, lesser included offense | 112, 122
One count, no included offense | 110, 120
Prior, of defendant, effect on testimony | 327
Prior, of witness, effect on testimony | 325
Single defendant | 110, 112, 112A, 112A_EXAMPLE, 115, 115_EXAMPLE, 116, 116_EXAMPLE, 117
Two counts, conviction for both proper | 115, 125
Two counts, conviction for only one proper | 117, 127
Two defendants | 120, 122, 125, 127, 128
Verdicts | See: Verdicts

Corporal punishment, By parent, when privileged | 950, 951

Corporate liability |
Acts of agent or employee, other than strict liability cases | 430
Acts of agent or employee, strict liability cases | 425
Acts of director, officer, or management executive | 420
Scope of employment | 425, 430
Scope of office or employment | 4201

Corporation Counsel, Battery or threat to | 1241A, 1241B

Corpse |
Hiding or burying of | 1194
Mutilating of | 1193

Corpse hiding or burying | 1194

Counsel |
Arguments, effect | 160
Improper questions | 147, 148
Objections overruled, effect | 148
Objections sustained, effect | 147
Standby | SM-30A
Statements or remarks, disregarding | 157
Waiver of, generally | SM-30
Waiver of, right to conflict-free representation | SM-45

Court's denial of motion either to withdraw guilty plea or no contest plea or to review sentence | SM-33A

Court's denial of motion for new trial | SM-33B

Court's instruction to defendant at arraignment and before acceptance of a plea of guilty on sex crimes charge | SM-40

Credibility of witnesses |
Child witness | 340
Generally | 300
Impeachment of witnesses | 320, 320A, 325, 327, 330
Prisoner as victim or defendant, prisoner status an issue | 312

Credit card |
Fraudulent use of | 1497
Theft of | 1496

Credit for "jail time" | SM-34A

Crime |
See: Offense

Crimes against children |
Causing a child to expose genitals or pubic area | 2141
Causing mental harm to a child | 2116
Contributing to the delinquency of a child | 2170, 2171
Contributing to the delinquency of a child: death as a consequence | 2170A
Exposing child to harmful material | 2142
Exposing genitals or pubic area to a child | 2140
Failure to support | 2152
Incest with a child: sexual contact | 2131
Incest with a child: sexual intercourse | 2130
Interference with the custody of a child by a parent: concealing a child | 2168
Interference with the custody of a child: affirmative defenses | 2169
Patronizing a child | 2136A
Physical abuse of a child: intentionally causing bodily harm | 2109
Physical abuse of a child: intentionally causing bodily harm by conduct which creates a high probability of great bodily harm | 2110
Physical abuse of a child: intentionally causing great bodily harm | 2108
Physical abuse of a child: recklessly causing bodily harm | 2112
Physical abuse of a child: recklessly causing bodily harm by conduct which creates a high probability of great bodily harm | 2113
Physical abuse of a child: recklessly causing great bodily harm | 2111
Possession of child pornography | 2146
Second degree sexual assault of a child: sexual contact or intercourse with a person who has not attained the age of 16 years | 2104
Sexual assault | 2102-2102E, 2104
Sexual intercourse with a child | 2102, 2102A, 2102B, 2102C, 2138
Soliciting a child for prostitution | 2136

Crimes against financial institutions | 1508

Criminal |
Gang crimes | 985
Negligence | 924
Omission | 905
Recklessness | 924
Slander of title | 1499
Trespass to energy provider property | 1440
Trespass to medical facility | 1439

Criminal contempt | 2031

Criminal damage or threat to property of a Department of Revenue employee | 1403.2, 1402B

Criminal damage or threat to property of a judge | 1403.1, 1402A

Criminal damage to property |
Cemetery | 1401A
Energy provider property | 1400B
Facilities associated with designated groups | 1401B
Generally | 1400
Personal property | 1401C
Property of a Department of Revenue employee | 1402B
Property of judge | 1403.1, 1402A
Religious property | 1402, 1401, 1401A
Vending and other machines | 1400A

Custody order, escape from custody | 1775

Custody, child, interference with | 2166, 2167, 2167A, 2168, 2169

Damage or threat to property of a witness | 1400A

Damage to property, criminal | 1400, 1402B

Dangerous drugs, Administering | 1325

Dangerous weapon | 910
Endangering safety by use of | 1320, 1321, 1322, 1322A, 1323, 1324
Use of in committing crime | 990
Use of in committing crime, party to a crime | 990A

Dangerous Weapons other than Firearms on School Premises | 2179

Death of child, concealing | 2154

Defamation | 1380

Defendant proceeding pro se, preliminary instruction | 70

Defendants |
Absconds during trial: no leave of court granted | 380C
Absence from trial: forfeiture by conduct | 380D
As witness in own behalf | 310
Character and reputation, evidence, effect | 270
Confessions and admissions | 180
Consent to proceed by videoconference | SM-18
Failure to testify | 315
Mental condition when making statement | 185
Motive, evidentiary circumstance | 175
One defendant, single count, no included offense | 110
One defendant, single count, with included offense | 112
One defendant, two counts, conviction for both proper | 115
One defendant, two counts, conviction for only one proper | 117
Presence not required at trial | 380A
Presumed innocent | 140
Prior conviction, evidence | 327
Pro se defendant | SM-30A
Right to be present at trial and waiver of the right | SM-23
Two defendants, single count, no included offense | 120
Two defendants, single count, with included offense | 122
Two defendants, two counts, conviction for both proper | 125
Two defendants, two counts, conviction for only one proper | 127
Verdict as to defendant only | 247
Voluntary absence without leave of court granted | 380B
Wearing restraining device | 314
With counsel, procedure | SM-30
Without counsel | SM-30, SM-31

Defense of others |
Effect of provocation by person defended | 835
Force intended or likely to cause death or great bodily harm | 830
Force less than that likely to cause death or great bodily harm | 825

Defense of property |
Another's property | 860
One's own property | 855

Defenses |
Alibi | 775
Coercion | 790, 1015
Drugged condition | 755
Drugged condition, negating state of mind essential to crime | 765
Entrapment | 780, 780A
Intoxication, involuntary | 755
Intoxication, negating state of mind essential to crime | 765
Justification | 2672A
Mistake, negating state of mind essential to crime | 770
Negating essential element of crime | 765, 770, 772, 775, 780
Property | 855, 860
Right to recapture, law note | 710
Self-defense | 800, 801, 805, 805A, 810, 815, 820
Self-defense, of others | 825, 830
Self-defense, unintended harm to third party | 821
Theory of defense | 700
Use of form to arrest | 880, 885

Defenses and defensive matters |
Intoxication | 755, 755A, 755B, 765
Law notes | 700, 705, 710
Mental disease or defect | 640, 650, 655-CPC, 660, 661, 662
Preliminary instructions | 600, 601, 602, 603, 605, 605A, 605B, 606, 607
Privilege | 795, 800, 801, 805, 805A, 810, 815, 820, 821, 825, 830, 835, 855, 860, 870, 880, 950, 951, 955
Various defenses | 770, 772, 775, 780, 780A, 790, 792

Definitions |
Acting in official capacity | 915
Circumstantial evidence | 170
Complaint | 145
Dangerous weapon | 910
Entrapment | 780, 780A
Evidence | 103
Great bodily harm | 914
Information | 145
Intentionally | 923A, 923B
Involuntary intoxication | 755
Management executive | 420
Mental purpose | 923A
Negligence | 925
Official capacity | 915
Ordinary care | 375
Parties to crime | 400
Person concerned in commission of crime | 400
Plea of not guilty | 110, 112, 112A, 112A_EXAMPLE, 115, 115_EXAMPLE, 116, 116_EXAMPLE, 117, 120, 122, 125, 127
Possession | 920
Reasonable doubt | 140
Recklessness | 924
Sexual contact | 1200A
Sexual intercourse | 1200B
Solicitor | 400, 550
Utter disregard | 924.1
With intent to | 923A, 923B

Delinquency, juvenile |
Composite instruction | 2020
Contributing to child's | 1960, 2170
Contributing to, by parent, guardian, or legal custodian | 1961, 2171
Sample: burglary | 2021

Delivering an article to an inmate | 1785

Delivery of a controlled substance | 6020
Of controlled substance analog | 6020A
To a prisoner | 6003

Delivery of a prescription drug | 6110
Automobile insurance | 1392
Denial of rights |
In general | 1390
Written communication | 1391

Delivery of imitation controlled substance | 6042

Delivery of noncontrolled substance which is represented to be a controlled substance | 6040

Department of Commerce or Department of Workforce Development employee, battery or threat to | 1244

Department of Revenue employee, battery or threat to | 1242

Department of Revenue employee, battery or threat to | 1402B

Depraved mind |
See: Reckless homicide

Detainers, Advising a prisoner of rights under the Uniform Detainer Act | SM-90

Detectable amount of restricted controlled substance | 1187, 2664B

Determining value in theft cases | 1441A

Disarming a peace officer | 1328

Discharge of a firearm in a school zone | 2178B
From a vehicle | 1327
Of a sexually violent person under Chapter 980, Wis. Stats. | 2506

Disclosure of manufacturer of recording | 1460

Disclosure of the identity of an informer | SM-52

Dishonest advantage, Exercised by a public officer | 1732

Disorderly conduct | 1900

Disposed charges during trial | 128

Distributing a controlled substance to a minor | 6002

Distributing a controlled substance to a minor | 6004

Dognapping | 1983

Domestic abuse |
Committing within 72 hours of arrest | 983
Repeater | 984
Violating a no contact prohibition | 2044

Drive-by shooting | 1327

Driving while intoxicated | 2660, 2660A, 2663, 2663A
Great bodily harm caused by | 1262, 1263
Homicide caused by | 1185, 1186
Injury caused by | 2661, 2665
Under the influence and 0.08 grams or more combined | 2668, 2669
Under the influence of drugs | 2666

Drug paraphernalia, possession of | 6053

Drugged condition |
Involuntary, defined, defense | 755A, 755B
Negating state of mind essential to crime | 765

Drugs |
| See: Controlled substances
Administering dangerous or stupefying | 1352
Homicide by user | 1185, 1190
Operating under influence of | 2616
Operating under the influence of any combination of an intoxicant and any other drug | 2666A
Prescription | 6112

Drunk driving |
Criminal Code | 1185, 1186, 1262, 1263
Motor Vehicle Code | 2660-2669

Edibles, placing foreign objects in | 1354

Elder person |
Physical abuse: intentional causation of bodily harm | 1249B
Physical abuse: intentional causation of bodily harm under circumstances or conditions that are likely to produce great bodily harm | 1249C
Physical abuse: intentional causation ofo great bodily harm | 1249A
Reckless causation of bodily harm | 1249E
Reckless causation of bodily harm under circumstances or conditions that are likely to produce great bodily harm | 1249F
Reckless causations of great bodily harm | 1249D
Victims | 997
Violent crime against | 998

Election fraud | 5301

Electric weapon | 1344A

Eluding or fleeing an officer | 2630

Embezzlement | 1444

Emergency medical personnel |
Battery to | 1237
Obstructing | 1360

Employer and employee |
Corporate liability, for acts of lesser employee | 425, 430
Corporate liability, for acts of management | 420
Liability for employee's acts | 420, 435, 425, 430, 440
Liability for employee's acts, authorization or acquiescence | 435
Theft by employee | 1444

Encouraging violation of probation, extended supervision, or parole | 1788

Encumbered personal property, transfer of, with intent to defraud | 1470

Endangering safety |
By intentionally discharging a firearm from a vehicle | 1327
By reckless conduct | 1345, 1347
By use of dangerous weapon | 1305, 1321, 1320, 1323, 1322, 1322A, 1324

Endorsement, false | 1491

Energy provider property |
Criminal damage to property | 1400B
Criminal trespass to | 1440

Enticing a child | 1530, 2134

Entrapment |
Alternate version | 780A
Defense, definition, proof | 780

Entry |
Into locked coin box | 1433
Into locked dwelling | 1438
Into locked vehicle | 1426
With intent to commit felony, burglary | 1424
With intent to steal, burglary | 1421

Escape | 1770, 1771, 1772, 1773, 1774, 1775A
Assisting or permitting | 1780, 1781, 1782, 1783
from custody order | 1775

Evidence |
Accomplice's testimony | 245
Admissibility of evidence when obtained by a search and seizure | SM-62
Admissibility of identification evidence at issue prior to or during trial | SM-61
Agreed facts | 162
Arguments of counsel, effect | 160
Bad reputation for veracity | 330
Basis for verdict | 100
Character and reputation of defendant | 270, 276
Child witness, credibility | 340
Circumstantial, effect | 170, 172, 173
Complaint not evidence | 145
Confessions | 180
Conspiracy | 412
Counsel, arguments, effect | 160
Counsel, statements and remarks, disregarded | 157
Credibility of child witness | 340
Credibility of witnesses | 300
Defendant wore a GPS or other monitoring device | 313
Defined | 103
Exact time of commission need not be proved | 255
Exhibits | 155
Expert testimony, competence | 200
Expert testimony, hypothetical question | 205
Expert testimony, sanity in issue | 640
Failure of defendant to testify | 315
Falsus in uno, falsus in omnibus | 305
Flight, escape, concealment | 172
Identification | 141
Impeachment of witness | 320, 320A, 325, 327, 330
Improper questions | 147, 148
Inadmissible evidence | 155, 320
Information not evidence | 145
Intoxication, chemical test | 230, 232
Intoxication, refusal to furnish sample for test | 235
Judicially noticed facts | 165
Juror's knowledge or observation | 195
Limited purpose: statement of a codefendant | 220
Motion to suppress | SM-62
Motive, presence or absence of | 175
Negligence defined | 375
Objections of counsel, effect | 147
Opinion evidence | 200
Opinion evidence, feeblemindedness | 200
Opinion evidence, hypothetical question | 205
Opinion evidence, sanity | 640
Other crimes | 275
Polygraph | 202
Presumptions | 225
Prima facie | 225
Prima facie, intoxication test | 230
Prior conviction of defendant | 276, 327
Prior conviction of witness | 276, 325
Prior inconsistent statement | 320A
Prior sexual conduct | 1220G
Recently stolen property, possession of | 173
Refusal to deliver property to person entitled to it | 1444
Solicitation as a crime, proof | 550
Statements against interest | 180
Statements or remarks of counsel disregarded | 157
Stipulated facts | 162
Stricken testimony | 150
Time of offense, exact, state need not prove | 255
Time of offense, where state has elected | 265
Time of offense, where state not required to elect | 260
View is not evidence | 152
Weight, how decided | 190

Excuse |
See: Defenses

Exhibits, inadmissible if not received in evidence | 155

Expert testimony |
Hypothetical question | 205
More than one expert | 200A
Weight considered | 200
Where sanity is issue | 640

Exploitation, sexual |
By therapist | 1248
Of child | 2120, 2120A, 2122

Explosive device, possession of | 1351

Explosives, possession for unlawful purposes | 1350

Exposing a child to harmful material | 2142, 2143
Affirmative defense | 2142A

Exposing genitals or pubic area to a child | 2140

Exposure, indecent | 1544B, 2140

Expungement | SM-36

Extortion |
Threat to accuse of a crime | 1473A
Threat to injure | 1473B

Eyewitness identification | 141

Facts |
Agreed or stipulated, accepted as proved | 162
Jurors are sole judges | 100

Failure to |
Act | 905
Comply with an officer's attempt to take a person into custody | 1768
Disclose manufacturer of recording | 1460
File tax return | 5010
Give information or render aid following accident | 2670
Render aid, law enforcement officer | 1273
Report child abuse | 1221C, 2119
Report to jail | 1776, 1777A, 1777B
Return leased or rented property | 1455
Support | 2152
Support, Affirmative defense | 2152A
Withdraw from an unlawful assembly | 1930

False alarm, giving | 1316

False entries, misconduct of a public officer or employee | 1733

False imprisonment | 1275

False Representation as a Financial Institution | 1514

False swearing |
Elements of offense | 1755
False statement under oath: Felony | 1754
False statement under oath: Misdemeanor | 1756
Inconsistent statements | 1755

Falsus in uno, falsus in omnibus | 305

Family, defense of property | 860

Felon |
Aiding a | 1790
Burglary with intent to commit | 1424
Furnishing firearm to | 1343B
Possession of a gun by | 1343, 1343D
Soliciting as a crime | 550

Felony murder | 1030, 1031, 1032, 1032_EXAMPLE
Death caused while committing a crime as party to a crime | 1032
Death caused while committing an armed burglary as party to a crime | 1032_EXAMPLE
Underlying crime attempted | 1031
Underlying crime completed | 1030

Filing a false return | 5012

Financial institutions, crimes against | 1508, 1512, 1522

Financial transaction card |
Factoring of | 1497.1
Fraudulent use of | 1497, 1497A
Theft of | 1486

Finding the amount of controlled substance | 6001, 6001A

Fire alarm system, interference with | 1317

Fire fighter, battery to | 1230

Fire fighting equipment, interference with | 1319

Fire fighting, interference with | 1318

Firearm |
Discharging into vehicle or building | 1324
Discharging within 100 yards of building | 1322
From vehicle | 1327
Furnishing to felon | 1343B
Homicide by intoxicated user | 1190, 1191, 1192
Homicide by negligent user | 1175
Homicide by restricted controlled substance | 1192
Injury by negligent use | 1260
Intentionally pointing at another | 1323
Possession by felon | 1343
Possession by felon, other circumstances | 1343D
Possession by felon, privilege of | 1343A
Recklessly storing | 2185

Firebomb (molotov cocktail) |
Manufacture, sale, offer, gift, transfer | 1418
Possession | 1417

First degree intentional homicide | 1010, 1012, 1014, 1018
Of unborn child | 1011
Self-defense: second degree intentional homicide: first degree reckless homicide | 1016
Self-defense: second degree intentional homicide: first degree reckless homicide: second degree reckless homicide | 1017

First degree murder |
See: First degree intentional homicide

First degree reckless homicide | 1018, 1020, 1021
Of unborn child | 1020A

First degree reckless injury | 1250

First degree recklessly endangering safety | 1345

First degree sexual assault | 1200A, 1200B, 1200C, 1200D, 1200E, 1200F, 1200G, 1201, 1201A, 1203, 1205, 1206, 1207
Against an individual who is 60 years of age or older | 1204, 1204_EXAMPLE

First degree sexual assault of a child: Sexual contact or intercourse | 2102A, 2102, 2102A, 2102B, 2102C, 2102D, 2102E

Five-sixths verdict and selection of presiding juror: forfeiture actions | 515A

Flight, concealment, escape | 172

Food stamp fraud | 1862

Food, placing foreign objects in | 1354

Force |
Defense of others | 825, 830, 835
Defense of property | 855, 860
Parental discipline | 950, 951, 955
Robbery by threat of | 1477
Robbery by use, of | 1475
Self-defense | 800, 801, 805, 805A, 810, 815, 820, 820_EXAMPLE, 821
Sexual assault | 1201, 1201A, 1203, 1205, 1206, 1208

Foreign protection order, violating a | 2042

Foreman, selection by jurors | 515

Forfeiture actions |
Burden of proof | 2050, 140A
Five-sixths verdict | 2055, 515A
Operating motor vehicle | 2664B
Traffic forfeitures generally | 2680

Forgery |
By making or altering a check | 1491
By uttering | 1492
Possession of a forged writing with intent to utter | 1493

Fornication |
Sexual intercourse in public | 1535
Sexual intercourse with a person younger than 18 | 1536

Fourth degree sexual assault: sexual contact without consent | 1219

Fraud |
Against financial institution | 1512
On hotel or restaurant keeper | 1461
Public assistance fraud | 1850, 1851, 1852, 1854
Theft by | 1453
Unemployment insurance fraud | 1848

Fraudulent insurance claim | 1494

Fraudulent use of financial transaction card | 1497

Fraudulent writings: falsifying a corporate record | 1485

Fraudulent writings: obtaining a signature by means of deceit | 1486

Gambling, commercial | 1601, 1602, 1605, 1607

Gang crimes, criminal | 985

Gender neutral language | 5

Global positioning device | 313, 1283A, 1283B

Graffiti | 1403

Grand jury proceedings | SM-10

Granting use of place of prostitution | 1571

Gratification, act of | 1561, 1564

Great bodily harm | 914
Aggravated battery | 1225
By negligent operation of vehicle | 1261
In defense of another's property | 860
In defense of one's property | 855
In defense of others | 825, 830, 835
In self-defense cases | 800, 801, 805, 805A, 810, 815, 820, 820_EXAMPLE, 821
Injury by conduct regardless of life | 1250
Injury by intoxicated use of vehicle | 1262

Guardian Ad Litem | 1241A, 1241B

Guilty plea |
Acceptance of | SM-32
Alford plea | SM-32A
Court's instruction before plea of guilty on sex crimes charge | SM-40
Denial of motion to withdraw plea | SM-33A
No contest plea | SM-32A
Written form | SM-32B

Habeas corpus | SM-80

Habitual criminality | SM-35

Harassment |
Engaging in a course of conduct which harasses or intimidates another | 1912
Injunctions, restraining orders | 2040
Of police animals | 1981
Subjecting another to physical contact | 1910
Telephone | 1902, 1903, 1904, 1905, 1906
Threatening physical contact with another | 1910.1

Hate crimes penalty enhancer | 996, 996.1

Hazardous inhalant, operating under the influence of | 2667

Heat of passion | 1012

Hiding or burying a corpse | 1194

Highway obstruction | 1302

Hit and run | 2670

Homicide |
By delivery of a controlled substance | 1021
By intoxicated user of firearm | 1190, 1191, 1192
By intoxicated user of vehicle | 1185, 1186, 1189
By intoxicated user of vehicle, firearm, or airgun: affirmative defense under § 940.09(2) | 1188
By negligent use of vehicle | 1170
By negligent use of weapon | 1175
By omission | 1060A
By operation of a firearm with a detectable amount of a restricted controlled substance | 1192
By operation of a vehicle with a detectable amount of a restricted controlled substance | 1187
By operation of a vehicle with a prohibited alcohol concentration of 0.08 grams or more | 1186A
Felony murder | 1030
First degree intentional homicide | 1010
First degree intentional homicide, Of unborn child | 1011
First degree intentional homicide; adequate provocation; second degree intentional homicide | 1012
First degree intentional homicide: coercion: second degree intentional homicide | 1015
First degree intentional homicide: first degree reckless homicide | 1018
First degree intentional homicide: self-defense: second degree intentional homicide | 1014
First degree reckless homicide | 1020, 1021
First degree reckless homicide | 1020A
First degree reckless homicide; second degree reckless homicide | 1022, 1023
Introductory comment: Wisconsin's new homicide law | 1000
Manslaughter | See: Second degree intentional homicide
Murder | See: First degree intentional homicide
Of an unborn child by negligent operation of a vehicle | 1171
Second degree intentional homicide | 1050, 1052
Second degree reckless homicide | 1060, 1060A

Hostage, taking a | 1278

Human trafficking | 1276, 1276_EXAMPLE
Defense for a victim of human trafficking | 791, 791_EXAMPLE
Of a child | 2124

Hung jury | 520

Hypothetical questions, expert testimony | 205

Identification of defendant | SM-61, 141

Identifying information, unauthorized use of | 1459

Identity, concealing | 994

Ignition interlock device |
Failing to install | 2682B
Operating vehicle with more than 0.02 while subject to an order | 2660D
Tampering with | 2682A

Illegitimacy, paternity proceedings | 2010

Imminent | 1477

Immoral purposes | 1530, 2134

Immunity upon claim of privilege | SM-55, 317

Impeachment of witnesses |
Bad reputation for truth and veracity | 330
By inadmissible statement | 320
Prior conviction of defendant | 327
Prior conviction of witness | 325
Prior inconsistent statement | 320A

Impersonating a peace officer | 1830
With intent to commit a crime | 1831

Improper questions, counsel's objections, effect | 147, 215

Improvised explosive device, possession of | 1351

Incest |
between blood relatives | 1532
between father and daughter | 1510
stepparent | 2131

Incest with a child |
Sexual contact | 2131
Sexual intercourse | 2130

Inchoate crimes |
Attempt, general form | 580
Attempt, murder first degree, intentional homicide | 1070
Conspiracy as a crime | 570
Solicitation as a crime | 550

Included offense |
"Bridging" instructions | 112, 122
Instructing the jury | SM-6
One defendant, convictions | 112
One defendant, verdict | 482
Two defendants, convictions | 122

Income tax fraud |
Failure to file | 5010
Filing false return | 5012

Incompetency to proceed | SM-50

Inconsistent statements |
Elements of | 1755
False swearing | 1755
When statements exist | 1755

Increased penalty for habitual criminality | SM-35

Indecent exposure | 1544, 2140, 2141

Indecent exposure | 1544B, 2140, 2141

Indigent defendant | SM-25, SM-30, SM-30A, SM-31

Indirect evidence, effect | 170

Individuals at risk | 1268, 1268_EXAMPLE, 1271

Inducement to commit offense, proper or improper | 780, 780A

Information, failure to give following accident | 2670

Information, not evidence | 145

Initial appearance | SM-25

Injunction, violating | 2040

Injury, definition, elements |
| See: Battery
By intoxicated use of vehicle | 1262, 1263
By negligent use of weapon | 1260
By operation of a vehicle while intoxicated: affirmative defense under § 346.63(2)(b) | 2662
By reckless conduct | 1250, 1252
Injury (great bodily harm) by operation of a vehicle with a detectable amount of a restricted controlled substance - § 940.25(1)(a) | 1266
Injury (great bodily harm) by operation of a vehicle with a prohibited alcohol concentration of 0.02 grams or more | 1263A
Injury (great bodily harm) by operation of a vehicle with a prohibited alcohol concentration of 0.08 grams or more | 1263A

Inmate |
Receiving an article from an inmate to convey out of jail or prison | 1787

Inmate possessing an article with intent to retain | 1784

Inmate, delivering an article to | 1785

Inmates of institutions, abuse of | 1270

Innocence, presumption of | 140

Inquest |
Final instructions | 2302
Preliminary instruction | 2300
Suggested verdicts | 2302A

Inquiry in conflict of interest cases | SM-45

Inquiry regarding decision to testify | SM-28

Inquiry when a witness claims the privilege against self-incrimination | SM-55

Insanity | 600, 601, 602, 603, 605, 605A, 605B, 606, 607, 640, 650, 655-CPC, 660, 661, 662

Instructions |
After verdict received | 525, 525A
At arraignment and before acceptance of plea of guilty on sex crimes charge | SM-40
Following court's denial of postconviction motion other than § 974.06 | SM-33A
Following court's denial of postconviction motion under § 974.06 | SM-33B
On juror questioning of witnesses | 57
On lesser included offenses | 112, 122, SM-6
On the issue of the defendant's criminal responsibility (mental defect) | 605A
Preliminary | 50
Required for convicted person following plea or trial | SM-33
Required to be read to person found not guilty by reason of mental disease or defect and committed pursuant to Wis. Stat. § 971.17(1) | SM-50A
Sex crime, before plea of guilty | SM-40
Suggested order of | SM-5, 1
To be used on denial of any postconviction motion (other than § 974.06) | SM-33A
To be used on denial of any postconviction motion under § 974.06 | SM-33B

Intent | 923A, 923B
Arson | 1410
By transfer of encumbered personal property | 1470
Insurer, by arson of building | 1405
Intoxication negating | 765
Meaning of phrase | 1491
Mistake preventing | 770

Intentionally accompanying a person who operates a vehicle without the owner's consent | 1466

Intentionally and "with intent to," | 923A, 923B

Interest in property, when theft from one having right of possession | 1450

Interference |
With custody of a child | 1832, 1833, 1834, 1835, 1835A, 1838, 2166, 2167
With custody of a child, affirmative defenses | 2169
With custody of a child, by a parent: concealing a child | 2168
With custody of a nonmarital child | 1835A, 2167A
With fire alarm system | 1317
With fire fighting | 1318
With fire fighting equipment | 1319
With parental rights | 1838

Interpreter |
For defendant | 62
For juror | 61

Intimidation of a person acting on behalf of a victim | 1296A

Intimidation of victim | 1294, 1296

Intimidation of witness | 1290, 1292, 1292A, 1297

Intoxicated use of vehicle |
Homicide by | 1185, 1186
Injury (great bodily harm) by | 1262, 1263
Injury by operating under the influence of intoxicant | 2660, 2665

Intoxicating beverages |
Causing injury or death to an underage person by providing alcohol beverages | 5050
Procuring for or selling to minor by any person | 5040
Sale to minor by tavernkeeper | 5030

Intoxication |
Chemical test, homicide by intoxicated user of firearm | 1192
Chemical test, percent of alcohol | 230, 232
Chemical test, refusal to furnish sample | 235
Combined instruction - 0.08 grams or more and under the influence | 2668, 2669
Combined instruction - any other drug that renders incapable of safely driving | 2666A
Definition of voluntary and involuntary | 755A, 755B, 765
Driving under influence of intoxicant | 2663, 2663A, 2663B, 2663C, 2663D, 2664, 2664A, 2664B, 2665, 2666, 2666A, 2667, 2668, 2669
Homicide by intoxicated user of firearm | 1190, 1191
Homicide by intoxicated user of vehicle | 1185, 1186, 1189
Involuntary, as a defense | 755A, 755B
Negating state of mind essential to crime | 765
Operating with 0.08 grams or more | 2660, 2660A
Prima facie evidence | 230, 232
Voluntary, as a defense | 765

Introductory comment: |
Battery and related offenses | 1220-1246
Not guilty by reason of mental disease or defect: instructions for the "bifurcated" trial and reexamination | 600
Wisconsin's new homicide law | 1000

Invasion of privacy | 1395A

Issue of worthless check | 1468, 1469A, 1469B

John Doe proceedings | SM-12

Joint trials |
Admissibility of statements | 220, 220A, 220B, 221, 222
Defendants to be judged separately | 120, 122, 125, 127
Verdicts | 490, 492, 494, 496

Judge |
Battery or threat to | 1240, 1240A, 1240B
Criminal damage or threat to property of | 1402A
Demeanor of, ignoring | 100
Substitution of | SM-10

Judicially noticed facts, accepted as true | 165

Jurisdiction, law note | 268

Juror |
Battery to | 1232
Questioning of witnesses | SM-8

Jury |
Agreement: one charge, evidence of more than one act | 517
Anonymous | 146
Charge in information or complaint read to | 110, 112, 112A, 112A_EXAMPLE, 115, 115_EXAMPLE, 116, 116_EXAMPLE, 117, 120, 122, 125, 127, 128
Closing instruction | 460
Closing instruction | 465
Conduct, preliminary instruction | 50
Deliberations | 521
Duties, opening instruction | 100
Evidence and law only consideration | 100
Foreman, selection, duty | 515
Ignore impression of judge's opinion | 100
Instruction after verdict received | 525
Knowledge and observation of jurors | 195
Notetaking | 101, 102
Nullification, Law Note | 705
Presiding juror, selection | 515
Questions by | 57, SM-8
Reasonable doubt rule, general | 140
Recording played to | 158
Request to hear or see audio video evidence during deliberations | SM-9
Sole judge of credibility and weight of evidence | 215
Supplemental instruction on agreement | 520
Voir dire | SM-20

Justification | 2672A

Juvenile delinquency |
Composite instruction | 2020
Contributing to | 2170, 2170A, 2171
Sample: burglary | 2021

Keeping a place of prostitution | 1570

Keeping a place used for controlled substances | 6037

Keeping or maintaining a place resorted to by persons using controlled substances in violation of chapter 961 for the purpose of using controlled substances | 6037A

Keeping or maintaining a place used for manufacturing, keeping, or delivering controlled substances | 6037B

Kidnapping | 1280, 1281, 1282

Knew | 1755

Knife, carrying a concealed | 1336

Larceny | 1441
By bailee, employee, trustee | 1444

Law enforcement officers |
Battery to | 1230
Entrapment of suspect by | 780
Failure to render aid | 1273
Using "pepper spray" against | 1341A

Law note: |
Jurisdiction | 268
Jury nullification | 705
Right to recapture | 710
Statement of accomplice admitted for nonhearsay purpose | 220B
Statements, substantive use of prior inconsistent | 320A
Stipulations | 162A
Theory of defense instructions | 700

Law, principles of, judge to instruct jury | 100

Lawyer |
Self-representation | SM-30A
Waiver of representation | SM-30

Leased or rented property, theft by failure to return | 1455

Legal process | 1825

Lesser included offense |
"Bridging" instructions | 112, 122
Instructing the jury | SM-6
One defendant, convictions | 112
One defendant, verdict | 482
Two defendants, convictions | 122

Lewd and lascivious behavior, exposing a sex organ | 1544B

Lewd and lascivious, indecent act of sexual gratification with another | 1544A

Liability for failure to act | 905

Lifetime supervision of serious sex offenders | 980

Loan sharking |
Advancement for extension of credit | 1472B
Extortionate extension of credit | 1472A
Use of extortionate means | 1482C

Mail theft | 1457

Making a false statement in an application for a certificate of title | 2600

Manslaughter |
| See: Second degree intentional homicide
Death of another in self-defense, murder not submitted | 1145
Death of another in self-defense, murder submitted | 1140
Definition, elements | 1130, 1135
Elements of offense when murder not submitted | 1145
Elements of offense when murder submitted | 1140
Heat of passion, murder counts not charged | 1133, 1135, 1145
Heat of passion, murder counts submitted | 1130, 1131, 1132, 1140

Manufacture of a controlled substance | 6021

Marijuana |
See: Controlled substances

Masking agent | 6070

Material statement, element of perjury | 1750

Mayhem | 1246

Medical assistance fraud: making a false statement in an application for a benefit or payment | 1870

Medical facility, criminal trespass to | 1439

Mental disease or defect |
Advice to person found not guilty by reason of | 650
Effect of finding of not guilty because of | 605, 605A
Expert witnesses | 640-CPC, 640
Generally, introductory comment | 601, 602, 603, 605, 605A, 605B, 607, 640, 650, 655-CPC, 660, 661, 662
Instruction required for person found not guilty by reason of and committed pursuant to Wis. Stat. § 971.17(1) | SM-50A
Instructions for the "bifurcated" trial | 600, 601, 602, 603, 605A, 605B, 606, 607
Reexamination | 660, 661, 662
Verdict | 605B

Mental purpose | 923A

Merchant, defense of property by employee or agent | 860

Methamphetamine waste, possession of | 6044

Methamphetamine, possession of drug paraphernalia | 6053

Minor |
| See: Crimes against children
Going armed with pistol | 1325, 2176
Passenger in vehicle | 999
Possession of pistol by | 1325, 2176
Sale, loan, or gift of pistol | 1326, 2177

Misappropriation of personal identifying information or personal identification documents | 1458

Misappropriation, operating vehicle without owner's consent | 1466
See: Theft

Misconduct in public office |
By exercise of a discretionary power for a dishonest advantage | 1732
By failure or refusal to perform duty | 1730
By false entry, return, certificate, report, or statement | 1733
By performance of unauthorized or forbidden act | 1731
By unlawful solicitation or acceptance of anything of value | 1734
Generally | 1730, 1731, 1732, 1733, 1734
Private interest in public contract | 1740, 1741A, 1741B

Misdemeanors; special disposition under § 973.015 | SM-36

Missing witness | 345

Mistake, when a defense | 770

Mistreating an animal |
Failure to provide food and water | 1982
Failure to provide shelter | 1984
Treating in a cruel manner | 1980

Molotov cocktails | 1417, 1418

Money laundering | 1524, 1525, 1526

Monitoring device, evidence that defendant wore a | 313

Motive | 175

Motor vehicles |
See: Vehicles

Motorboat, operating under the influence or with a prohibited alcohol concentration | 2695, 2696

Multiple charges, same offense: three victims | 116_EXAMPLE

Multiple representation | SM-45

Murder |
First degree | See: First degree intentional homicide
First degree, cause in issue | 1102
First degree, cause not in issue | 1100
Second degree, definition, elements | 1110
Second degree, definition, elements | See: First degree reckless homicide
Third degree | See: Felony murder

Murder, felony, underlying felony attempted | 1031

Mutilating a corpse | 1193

Narcotic drugs |
See: Controlled substances
Drugged condition, involuntary | 755
Drugged condition, negating state of mind essential to crime | 765
Homicide by user | 1185, 1190

Necessity | 792

Neglect | 2151

Neglect of children, contributing to | 1960, 1961

Neglect of patients and residents of facilities | 1272

Neglecting a child | 2150, 2150A

Negligence | 925

Negligent handling of burning material | 1310

Negligent operation of a vehicle, homicide of an unborn child | 1171

Negligent operation of vehicle, not upon highway | 1300

Negligent use of vehicle | 1170

Negligent use of weapon |
Homicide by | 1175
Injury by | 1260

No contact order, violating | 1375

Nolo contendere |
"Alford" plea | SM-32A
Acceptance of plea | SM-32, SM-32A
Denial of motion to withdraw plea | SM-33A

Noncontrolled substance, delivery of | 6040

Noncriminal traffic offenses | 2680

Nonsupport | 2152

Not guilty by reason of mental disease or defect | 600, 601, 602, 603, 605, 605A, 605B, 606, 607, 640, 650, 655-CPC, 660, 661, 662

Notetaking not allowed | 56

Notetaking permitted | 55

Nudity, depictions of | 1396, 1398A, 1398B, 1399

Numbers juries | 146

Nurse |
Battery to | 1243, 1247, 1247B

Objections of counsel |
Overruled, effect | 148
Sustained, effect | 147

Obstructing an officer | 1766
Giving false information | 1766A

Obstructing emergency medical personnel | 1360

Obstructing justice | 1815

Obtain information generated by global positioning device | 1283B

Obtaining prescription drug by fraud | 6100

Obtaining telecommunications service by fraud | 1495

Offender, sex | 980, 2147, 2198

Offense |
Date of commission, proof | 255, 255A, 260, 265
Elements of, judge to state | 110, 112, 112A, 112A_EXAMPLE, 115, 115_EXAMPLE, 116, 116_EXAMPLE, 117, 120, 122, 125, 127
Lesser, included in charge | 112, 122
Lesser, included in charge, verdict | 482, 492
Venue | 267

Offer or selling unregistered security | 2902

Officer |
Battery to | 1225
Resisting or obstructing | 1765, 1766, 1766A
Using pepper spray against | 1341A

Oleoresin of capsicum | 1341B, 1341C, 1341D

Omission, criminal | 905

Opening instructions on the pleadings | 100, 101, 103, 110, 112, 112A, 112A_EXAMPLE, 115, 115_EXAMPLE, 116, 116_EXAMPLE, 117, 120, 122, 125, 127
Elements of offense charged | 110, 112, 112A, 112A_EXAMPLE, 115, 115_EXAMPLE, 116, 116_EXAMPLE, 117, 120, 122, 125, 127
General | 100

Opening statements | 101

Operating |
While revoked causing great bodily harm or death | 2623B, 2623C
While revoked, permanent revocation | 2626
While suspended causing great bodily harm or death | 2623A
Without a license causing great bodily harm or death | 2612

Operating a commercial motor vehicle with an alcohol concentration of 0.04 grams or more but less than 0.08 grams - criminal offense | 2690

Operating a motor vehicle while under the influence of any combination of an intoxicant and any other drug | 2666A

Operating a motor vehicle with a prohibited alcohol concentration - civil forfeiture - 0.08 grams or more | 2660B

Operating a motor vehicle with a prohibited alcohol concentration and causing injury – 0.08 grams or more | 2661A

Operating a motorboat while under the influence or with a prohibited alcohol concentration | 2695, 2696

Operating vehicle |
After revocation or suspension | 2620, 2620A
Intentionally accompanying a person who operates a vehicle without the owner's consent | 1466
On premises other than highways | 2605
Recklessly | 2650, 2652
Speeding | 2672, 2672A, 2672B, 2674, 2674A, 2676, 2676A, 2676B, 2676C, 2677, 2677A, 2678, 2678A
To elude or flee an officer | 2630
While revoked: criminal offense | 2620A, 2621
While revoked: forfeiture | 2621A
While suspended: civil forfeiture | 2622
While under the influence | 2663, 2663A
While under the influence of a combination of a controlled substance and an intoxicant | 2664A
While under the influence of any combination of an intoxicant and any other drug | 2666A
While under the influence of controlled substance | 2664
While under the influence of hazardous inhalant | 2667
While under the influence, and causing great bodily harm | 1262
While under the influence, and causing injury | 2665, 2667
While under the influence, combined instruction - 0.08 grams and under the influence | 2668, 2669
While under the influence, no test | 2663B
While under the influence, with a child under 16 years in the motor vehicle | 2663D
With .08 grams or more | 2660, 2660A
With .08 grams or more, and causing great bodily harm | 1263
With .08 grams or more, and causing injury | 2661
With a prohibited alcohol concentration - civil forfeiture - 0.08 grams or more | 2660A, 2660B
With a prohibited alcohol concentration - criminal offense - 0.02 grams or more | 2660C
With a prohibited alcohol concentration and causing injury - 0.08 grams or more | 2661, 2661A
With detectable amount of restricted controlled substance | 1187, 2664B
With more than 0.02 - subject to an ignition interlock order | 2660D
Without a license | 2610
Without owner's consent | 1465

Ordinance violations |
Burden of proof in forfeiture actions | 2050
Five-sixths verdict in forfeiture actions | 2055

Ordinary care | 375

Other crimes evidence | 275, 276

Pandering [felony] | 1568, 1568A, 1568B

Parental discipline |
By one in loco parentis, when privileged | 955
By parent, when privileged | 950, 951

Parental rights, interference with | 2167, 2167A, 2168, 2169

Parties to crime |
Aiding and abetting | 400, 405, 406
Conspiracy | 402, 410, 411, 412
Corporate Liability | 425, 430
Death caused while committing a felony as | 1032
Liability for acts of another | 440
Solicitor | 415

Passenger in vehicle | 999

Paternity proceedings | 2010

Patients and residents, abuse or neglect | 1271, 1271_EXAMPLE, 1272

Patronizing a child | 2136A
Possession of child pornography (virtual) | 2146C

Peace Officer |
Battery to | 1225
Personating a | 1830, 1831
Privileged use of force to accomplish lawful arrest | 880, 885
Use of pepper gas against | 1341A

Penal facilities, abuse of residents of | 1270

Pepper Gas, use of | 1341, 1341A

Perjury | 1750

Permitting or assisting escape | 1780, 1781, 1782, 1783

Permitting real estate to be used as a gambling place | 1610

Person responsible for child welfare | 2106A

Personating a peace officer | 1830, 1831

Persons concerned in commission of crime | 400, 400_EXAMPLE, 401, 402, 405_W, 405, 405_EXAMPLE, 406, 406_EXAMPLE, 407, 410, 410_EXAMPLE, 411, 412, 415_W, 415
See: Parties to crime

Photographing by sex offender | 2196

Physical abuse of a child |
By a child care provider | 2115
By a person responsible for the welfare of the child | 2114
Failing to act to prevent great bodily harm | 2108A, 2108B
Intentionally causing bodily harm | 2109
Intentionally causing bodily harm by conduct which creates a high probability of great bodily harm | 2110
Intentionally causing great bodily harm | 2108
Recklessly causing bodily harm | 2112
Recklessly causing bodily harm by conduct which creates a high probability of great bodily harm | 2113
Recklessly causing great bodily harm | 2111

Physical abuse of an elder person |
Intentional causation of bodily harm | 1249B
Intentional causation of bodily harm under circumstances or conditions that are likely to produce great bodily harm | 1249C
Intentional causation of great bodily harm | 1249A
Reckless causation of bodily harm | 1249E
Reckless causation of bodily harm under circumstances or conditions that are likely to produce great bodily harm | 1249F
Reckless causation of great bodily harm | 1249D

Picketing parading or demonstrating |
At the residence of a judge | 1813

Pistol |
Minor going armed with | 2176
Possession by felon | 1343, 1343D
Possession of by minor | 2176
Sale, loan, or gift to minor | 2177

Placing a global positioning device | 1283A

Placing foreign objects in edibles | 1354

Plea |
Acceptance of plea of guilty or nolo contendere | SM-32
Alford and no-contest | SM-32A
Court's instruction before plea of not guilty to sex crime | SM-40
Written form | SM-32B

Plea of not guilty means denial of every material allegation | 110, 112, 112A, 112A_EXAMPLE, 115, 115_EXAMPLE, 116, 116_EXAMPLE, 117, 120, 122, 125, 127

Pleadings |
Complaint or information not evidence | 145
One defendant, single count, no included offense | 110
One defendant, single count, with included offense | 112
One defendant, two counts, conviction for both proper | 115
One defendant, two counts, conviction for only one proper | 117
Two defendants, single count, no included offense | 120
Two defendants, single count, with included offense | 122
Two defendants, two counts, conviction for both proper | 125
Two defendants, two counts, conviction for only one proper | 127

Police reports | 59

Polling the jury | 522

Polygraph evidence | 202

Pornography, child, possession of | 2146

Possessing an article with intent to deliver it to an inmate | 1786

Possession, generally |
Of a controlled substance | 920
Of a controlled substance | 6030
Of a controlled substance | 6036
Of a controlled substance, as lesser included offense | 6035, 6036
Of a controlled substance, with intent to deliver | 6035
Of a controlled substance, without tax stamp | 6009
Of a dangerous weapon by a child | 2176
Of a firearm | 1343
Of a firearm by a person subject to an injunction | 1344
Of a firearm in a school zone | 2178A
Of a firearm, by a felon, privilege | 1343A
Of a machine gun or other full automatic firearm | 1340A
Of a short-barrelled shotgun or rifle | 1342
Of altered lottery ticket with intent to defraud | 1652
Of burglarious tools | 1431
Of child pornography | 2146
Of child pornography (virtual) | 2146C
Of cocaine, finding amount | 6001
Of drug paraphernalia | 6050
Of electric weapon | 1344A
Of explosives for unlawful purpose | 1350
Of forged writing with intent to utter | 1493
Of improvised explosive device | 1351A
Of masking agent | 6070
Of materials or components with intent to assemble an improvised explosive device | 1351B
Of methamphetamine, find amount | 6001A
Of molotov cocktails (firebombs) | 1417
Of oleoresin of capsicum (pepper spray) by a convicted felon | 1341D
Of prescription drug | 6112
Of property with altered identification marks | 1488
Of recently stolen property | 173
Of switchblade knife | 1340
Of untagged deer | 5000

Postconviction procedure under Wis. Stat. § 974.06 | SM-70

Posting or Displaying the Personal Information of a Judicial Officer to Create or Increase a Threat to the Health and Safety of the Judicial Officer | 1827

Practically certain | 923B

Preliminary examination |
Commitment as a sexually violent person under Chapter 980, Wis. Stats. | 2501
Defendant preceding pro se | 70
Hearing on discharge of a sexually violent person under Chapter 980, Wis. Stats. | 2505
Inquest | 2300
Jurors' conduct | 50
Reexamination of person committed as not guilty by reason of mental disease or defect [§ 971.17(2)] | 660
Use of an interpreter | 60
Waiver of right to | SM-31

Premises other than highways | 2605

Prescription drug |
Obtaining by fraud | 6100
Possession of, with intent to deliver | 6110
Possession of, without a valid prescription | 6112

Presumptions, generally | 225
Innocence | 140
None from failure of defendant to testify | 315
Prima facie cases | 225

Prior attack, collateral convictions | SM-16

Prior convictions to prove character | 276

Prior sexual conduct, evidence of | 1200G

Prisoner |
Advising of rights under Uniform Detainer Act | SM-90
As witness, prisoner status in issue | 312
Assaults by | 1778, 1779
Battery by | 1228

Private interest in public contract | 1740, 1741A, 1741B

Privilege |
Against self-incrimination, claimed by witness | 317, SM-55
Conduct in fulfillment of duties of a public office | 870
Conduct in good faith | 870
Defense of another's property | 860
Defense of one's own property | 855
Defense of others, effect of provocation by person defended | 835
Defense of others, force intended or likely to cause death or great bodily harm | 830
Defense of others, force less than that likely to cause death or great bodily harm | 825
Parental discipline, by one in loco parentis | 955
Parental discipline, by parent | 950, 951
Peace officer to use force in accomplishment of lawful arrest | 880, 885
Self-defense, force intended or likely to cause death or great bodily harm | 805
Self-defense, force less than that likely to cause death or great bodily harm | 800
Self-defense, privilege: self-defense: not available to one who provokes an attack: regaining the privilege | 815
Self-defense, retreat | 810
Self-defense, where injury to innocent third party | 820

Pro se defendant | SM-30A

Probation and parole agent, Battery to | 1231

Probation, extended supervision, or parole, encouraging violation of | 1788

Proof |
Burden of proof | 140
Burden of proof, Forfeiture actions | 140A
Date of commission of offense | 255, 255A, 260, 265

Property |
Criminal damage to | 1400, 1402B
Defending another's property | 860
Defending one's own property | 855
Personal, transfer of encumbered with intent to defraud | 1470
Receiving stolen property | 1481
Receiving stolen property, from a child | 2180

Prosecutor, Battery or Threat to | 1240C, 1240D

Prostitution | 1560
Granting the use of a place of prostitution | 1571
Keeping a place of | 1570
Patronizing a child | 2136A
Patronizing prostitutes | 1564
Sexual gratification | 1561
Soliciting a child | 2136
Soliciting prostitution | 1566

Providing alcohol beverages to underage person | 5050

Provocation |
By person defended, effect on privilege | 835
Effect on privilege of self-defense | 815
Manslaughter | 1130, 1131, 1132, 1133, 1135
Second degree intentional homicide | 1012

Prudent speed | 2672

Public assistance fraud | 1851, 1852, 1854

Public contract, private interest in | 1740, 1741A, 1741B

Public officers and employees |
Assisting or permitting escape | 1780, 1781, 1782
Battery to | 1234
Bribery of | 1721
Embezzlement | 1444
Exercise of discretionary power for a dishonest advantage | 1732
Failure or refusal to perform duty | 1730
False entry, return, certificate, report, or statement | 1733
Fulfillment of duties, privilege | 870
Performance of unauthorized or forbidden act | 1731
Unlawful solicitation or acceptance of anything of value | 1734

Public transit vehicle operator or passenger, Battery to | 1236

Publishing depiction of nudity | 1398B

Publishing private representation depicting nudity | 1398A

Race, selecting crime victim because of | 996, 996.1

Racketeering activity |
Acquiring or maintaining an interest in or control of an enterprise through a pattern of racketeering activity | 1882
Conducting or participating in an enterprise through a pattern of racketeering activity | 1883
Using proceeds of a pattern of racketeering activity to establish or operate an enterprise | 1881

Radar speed measurement | 2679

Rape |
See: Sexual assault

Rape Shield | 1200G

Reasonable doubt |
Circumstantial evidence, rules as to | 170
Defined | 140

Receiving an article from an inmate to convey out of jail or prison | 1787

Receiving stolen property | 1481
From a child | 2180

Recently stolen property, unexplained possession of | 173

Reckless |
Abuse of individual at risk | 1269
Conduct, defined | 924
Driving | 2650, 2652
Driving: causing great bodily harm | 2654
Homicide | 1020, 1021, 1022, 1023, 1060
Injury | 1250, 1252
Storing a firearm | 2185
Use of weapons | 1305, 1321, 1322, 1323, 1324

Recklessly endangering safety | 1345, 1347

Recording played to jury | 158

Recording, failure to disclose manufacturer | 1460

Reexamination | 660, 661, 662

Refusal to take blood alcohol test | 235

Registered sex offender. photographing by | 2196

Religious property, criminal damage to | 1402

Removing a major part of a vehicle without the owner's consent | 1467

Removing a theft detection device | 1498A

Rent, absconding without paying | 1462
Affirmative defense | 1462A

Repeated acts of neglect | 2151

Repeated acts of physical abuse of a child | 2114, 2114_EXAMPLE

Repeated sexual assaults | 2107, 2107_EXAMPLE

Reputation |
Bad reputation of defendant or witness for veracity | 330
Defendant's, as evidence | 270
Threat to communicate derogatory information | 1474

Resisting |
An officer | 1765
Arrest | 795
Traffic officer | 2632

Restraining device, defendant wearing | 314

Restraining order, violating | 2040

Restricted controlled substance, operating a vehicle with a detectable amount of | 1187, 1266, 2664B

Retail theft | 1498
Removing a theft detection device | 1498A
Using a theft detection shielding device | 1498B
[Using] [Possessing] a Theft Detection Device Remover | 1498D

Retreat |
Circumstances considered | 810
Duty, where defendant was aggressor | 815

Right to appeal, requirement that trial court advise convicted persons of | SM-33

Right to counsel |
At initial appearance | SM-25
For preliminary hearing | SM-31
Guilty plea | SM-32
Self-Representation | SM-30A
Waiver of | SM-30

Rights, denial of |
Automobile insurance | 1392
In general | 1390
Written communication | 1391

Robbery |
Armed | 1480, 1480A
By threat of force | 1477
By use of force | 1475
Of a financial institution | 1522
When force and threat involved | 1479

Safety, endangering by reckless conduct | 1345, 1347

Sale to minor |
Intoxicating beverage | 5030, 5040, 5050
Pistol | 1326, 2177

Sale, loan, or gift |
Of a dangerous weapon to a child | 2177
Of a firearm to a child: death caused | 2177A

School attendance | 2174

School district officer or employee | 1235

Scope of employment |
Agent or servant | 440
Corporation officer or employee | 420, 425, 430

Search and seizure, admissibility of evidence obtained by | SM-62

Second degree |
Intentional homicide | 1012, 1014, 1050, 1052
Murder, definition, elements | 1110, 1130, 1132
Reckless homicide | 1060
Reckless homicide, Of an unborn child | 1061
Reckless injury | 1252
Recklessly endangering safety | 1347
Sexual assault | 1208, 1209, 1211, 1212, 1213, 1214, 1215, 1217, 1217, 1217B
Sexual assault of a child | 2104

Securities |
Fraud: making an untrue statement of material fact | 2904
Selling an unregistered security | 2902

Security interest, defined | 1470

Selecting property damaged because of the race, religion, etc., of the owner | 996.1

Selecting the person against whom a crime is committed because of race, religion, etc. | 996, 996.1

Self-defense | 800, 801, 805, 805A, 810, 815, 820
Force intended or likely to cause death or great bodily harm | 805
Force less than that likely to cause death or great bodily harm | 800
Injury to innocent third party | 820, 820_EXAMPLE
Intentional homicide | 1014, 1016, 1017, 1052, 1072
Issue in battery with intent to cause bodily harm | 1222A, 1223-1223A, 1224A, 1225A
Retreat, circumstances considered | 810
Retreat, duty, where defendant was aggressor | 815
Unintended harm to third party | 821

Self-incrimination, witness exercising privilege against | 317

Self-incrimination, witness exercising privilege against | SM-55

Self-representation, inquiry | SM-30A

Selling malt beverage without license | 5035

Sentencing | SM-34
Credit under § 973.155 | SM-34A

Serious sex offenders, lifetime supervision of | 980

Servant | 440
See: Employer and employee

Sex Crimes Law |
Advice before accepting guilty plea | SM-40
Commitment and continuance of control | 1550-1553
Resentencing under Wis. Stat. § 975.17(1) | SM-41

Sex offenders |
Failure to comply with registration requirement | 2198
Lifetime supervision of | 980
Name change | 2199
Working with children | 2147

Sexual assault |
See: Sexual contact and sexual intercourse
First degree | 1201, 1201A, 1203, 1205, 1206, 1207
Fourth degree | 1219
Of a child | 2101A, 1203, 1205, 1206, 1207, 2102, 2102A, 2102B, 2102C, 2102D, 2102E
Of a child, attempted | 2105A, 2105B
Of a child, by a child care provider | 2115
Of a child, repeated acts of | 2107, 2107_EXAMPLE
Of a student by a school staff person | 2139
Prior sexual conduct evidence | 1200G
Second degree | 1208, 1209, 1211, 1212, 1213, 1214, 1215, 1216, 1217
Spouse as victim | 1200F
Third degree | 1218A, 1218B
While aided and abetted | 1214
Without consent | 1200C, 1200D, 1200E

Sexual contact |
See: Sexual assault
By correctional staff member | 1216
By employee of an entity | 1217A
By probation, parole, or extended supervision agent | 1217
By use or threat of dangerous weapon | 1203
By use or threat of force or violence | 1208
Causing great bodily harm | 1201
Causing injury, illness, etc. | 1209
Definition of | 934, 1200A, 2101A
While aided or abetted | 1205, 1214
With a patient of a treatment facility | 1215
With person suffering from mental illness | 1211
With person under age 13 | 2102A, 2102E
With person under age 16 | 2102D, 2104
With person who is under influence of an intoxicant | 1212
With unconscious person | 1213
Without consent | 1219

Sexual exploitation by therapist | 1248

Sexual exploitation of a child | 2120, 2121, 2123
Affirmative defense | 2120A, 2121A

Sexual gratification |
In public | 1537
Patronizing prostitutes | 1564
Prostitution | 1561
With a person younger than 18 | 1538

Sexual intercourse |
See: Sexual assault
By correctional staff member | 1216
By probation, parole, or extended supervision agent | 1217
By use or threat of dangerous weapon | 1203
By use or threat of force or violence | 1208
Causing great bodily harm | 1201
Causing injury, illness, etc. | 1209
Causing pregnancy | 1201A
Definition of | 1200B
While aided or abetted | 1205, 1214
With a patient of a treatment facility | 1215
With person suffering from mental illness | 1211
With person under age 12 | 2102B
With person under age 13 | 2102A
With person under age 16 | 2102C, 2104
With person under age 18 | 2138, 2138A
With person who is under influence of an intoxicant | 1212
With unconscious person | 1213
Without consent | 1200C

Sexual misconduct |
Against a pupil by a school staff member or volunteer | 2139B

Sexual predator | 2501, 2502, 2503, 2505, 2506

Sexually violent person | 2501, 2502, 2503, 2505, 2506

Shoplifting | 1498

Simulating legal process | 1825

Solicitation, crime of | 550

Soliciting a child for prostitution | 2136

Soliciting a child for the purpose of delivering a controlled substance | 6047

Soliciting an intimate or private representation | 1399

Soliciting prostitution | 1566

Solicitor, party to crime | 415

Speeding | 2672, 2672A, 2674, 2676, 2676A, 2677, 2678

Speeding: exceeding 65 miles per hour | 2676A, 2676B

Speeding: exceeding fixed limits | 2676C

Stalking | 1284, 1284A, 1284B

Standby counsel | SM-30A

Statement of co-conspirator | 405, 410, 415

Statements of defendant | 180

Statements, opening | 50, 101

Stay of execution of sentence | SM-39

Stealing |
See: Burglary; Theft

Stipulated facts, accepted as conclusively proved | 162

Stipulations, Law Note | 162A

Stolen property, receipt of | 1481
From child | 2180
Unexplained possession of recently stolen property | 173

Storing, treating, transporting, or disposing of hazardous waste without a license | 5200

Strangulation | 1255

Substantial battery | 1222, 1222A, 1223, 1223A

Substantial bodily harm | 1222, 1222A, 1223, 1223A

Substitution of judge | SM-15

Suffocation | 1255

Suggested order of instructions | SM-5, 1

Suggested verdicts: inquest | 2302A

Suicide, assisting | 1195

Summary exhibit | 154

Supplemental instruction, on agreement of jurors | 520

Swatting | 1919

Switchblade knife, possession of | 1340

Taking a vehicle by use or threat of force | 1463

Taking and driving a vehicle without the owner's consent | 1464

Taking and driving a vehicle without the owner's consent: driving or operating without the owner's consent as a lesser included offense | 1464A

Tax fraud, income |
Failure to file | 5010
Filing false return | 5012

Teachers, discipline of pupils | 955

Telecommunication services, theft of | 1495

Telephone, unlawful use of | 1902, 1903, 1904, 1905, 1906

Terrorist threats | 1925A, 1925B

Testimony |
Accomplices, how weighed | 245
Character and reputation of defendant | 270
Child witness, credibility | 340
Credibility of witnesses | 300
Defendant failing to testify | 315
Expert | 200, 205
False as to one fact, effect | 305
Impeachment of witness | 320, 320A, 325, 327, 330
Inquiry regarding | SM-28
Stricken, disregarded | 150
Witness interested in result, effect | 310

Theft | 1441
By contractor | 1443, 1443A
By employee, trustee or bailee (embezzlement) | 1444
By failure to return leased or rented property | 1455
By fraud | 1453
By one having an interest | 1450
By one having an undisputed interest in property from one having superior right of possession | 1450
From person | 1442
Larceny | 1441
Larceny by employee, trustee, or bailee (embezzlement) | 1444
Misappropriation of personal identifying information or personal identification documents | 1458
Of anhydrous ammonia | 5024
Of financial transaction card | 1496
Of services | 1498C
Of telecommunication services | 1495
Penalty factors for | 1441B
Representations to agent | 1453B
Representations to owner | 1453A
Retail | 1498

Theft, determining value | 1441A

Theory of defense instructions, law note | 700

Therapist, sexual exploitation by | 1268

Third degree murder | 1030
| See: Felony murder

Third party |
Defense of, as affecting privilege | 825, 830, 835
Innocent, injury to, effect on privilege of self-defense | 820, 820_EXAMPLE
Innocent, unintended harm, effect on privilege of self-defense | 821
Property of, defense | 860

Threats |
Intentional terrorist | 1925A
Reckless terrorist | 1925B
Stalking | 1248
To a health care provider | 1247B
To a staff member of a health care facility | 1247A
To communicate defamatory information | 1474
To Department of Commerce or Department of Workforce Development employee | 1244
To Department of Revenue employee | 1242
To judge | 1240B
To law enforcement officer | 1240D
To prosecutor | 1240D
To witness | 1238, 1239

Time of offense |
Exact date need not be proved | 255A
Exact time need not be proved | 255
Where state has elected | 265
Where state not required to elect | 260

Traffic offenses, noncriminal | 2680

Trafficking, Human | 1276, 1276_EXAMPLE, 1277
Defense for a victim of human or child trafficking | 791, 791_EXAMPLE
Of a child | 2124

Transcripts not available for deliberations; reading back testimony | 58

Transfer of encumbered personal property with intent to defraud | 1470

Trespass |
Burglary with intent to commit felony | 1424
Burglary with intent to steal | 1421
Criminal, to dwellings | 1437
Criminal, to energy provider property | 1440
Criminal, to medical facility | 1439

Truancy |
Contributing to | 2173

Trustee, theft by | 1444

Truth |
Bad reputation of defendant or witness for | 330
Jury must search for | 140

Unarmed robbery |
By the use of force | 1475
By threat of force | 1477
By use or threat of force | 1479
Unauthorized use of identifying information or documents | 1459

Unborn child |
Battery to | 1227
Defined | 1125
First degree intentional homicide of | 1011
First degree reckless homicide of | 1020A
Homicide of, by negligent operation of a vehicle | 1171
In the vehicle | 999A
Second degree reckless homicide of | 1061
Violations of § 940.09 and § 940.25 involving an unborn child | 1185A

Underage sexual activity | 2138A

Unemployment insurance fraud | 1848

Unexplained possession of recently stolen property | 173

Unlawful use of a computerized communication system | 1908, 1909
Threat to inflict injury | 1908
Use of obscene language | 1909

Unlawful use of telephone | 1902-1906, 1907

Unqualified elector | 5301

Unregistered security | 2902

Use of device to view under outer clothing | 1395A

Use of force, by peace officer | 880, 885

Use of interpreter | 60

Use of masking agent | 6070

Using a child to deliver a controlled substance | 6046

Using a theft detection shielding device | 1498B

Using oleoresin of capsicum (pepper gas) | 1341B, 1341C

Uttering a forged writing | 1492

Uttering an altered lottery ticket | 1651

Value |
Of damaged property | 1400
Of stolen property | 1441A

Vehicles |
Certificate of title to | 2590
Entry into locked | 1426
Homicide by intoxicated user | 1185, 1186
Homicide by negligent use | 1170
Injury by intoxicated use of | 1262, 1263
Negligent operation of, not upon highway | 1300
Operating after revocation or suspension | 2620, 2620A
Operating recklessly | 2650, 2652
Operating to elude or flee an officer | 2630
Operating while intoxicated | 2660, 2660A, 2660C, 2663, 2663A, 2664B
Operating while intoxicated, causing injury | 2660, 2665
Operating while revoked, permanent revocation | 2626
Operating while under the influence of controlled substance | 2664, 2664B
Operating without a license | 2610
Operating without owner's consent | 1465
Reckless driving | 2650, 2652
Unborn child in | 999A

Venue | 267

Verdicts |
Acquittal if reasonable doubt exists | 140
As to defendant only | 247
Basis, opening instruction | 100
Closing instructions | 460, 465
Codefendants | 490, 492, 494, 496
Commitment as a sexually violent person under Chapter 980, Wis. Stats. | 2503
Five-sixths, forfeiture actions | 2055
For reexamination under § 971.17(1) | 662
Foreman, jurors to select, duty | 515
Forms | 480, 482, 484, 485, 486, 490, 492, 494, 496
Instruction after | 525A
One defendant, single count | 480
One defendant, single count, included offense | 482
One defendant, two counts, conviction for both proper | 484
One defendant, two counts, conviction for only one proper | 486
One defendant, two counts, included offense | 485
Reexamination under § 971.17(2) | 662
Relation to offenses charged | 460, 465, 480, 482, 484, 485, 486, 490, 492, 494, 496
Special questions for "penalty enhancers" | 990, 992, 993, 994, 996, 996A, 998, 999, 999A
Supplemental instruction on agreement | 520
Two defendants, single count, included offense | 492
Two defendants, single counts | 490
Two defendants, two counts, conviction for both proper | 494
Two defendants, two counts, conviction for only one proper | 496
Two defendants, Unanimous | 515

Videoconference | SM-18

View, purpose, effect | 152

Violating a domestic abuse contact prohibition | 2044

Violating a no contact order | 1375

Violating injunction, restraining order | 2040

Violent crime against an elder person | 998

Voir dire | SM-20

Waiver of counsel | SM-30

Waiver of jury trial | SM-21

Waiver of preliminary examination | SM-31

Waiver of right to be present | SM-18

Weapon |
Carrying concealed | 1335, 1335A, 1335B
Carrying where prohibited | 1339
Children, weapons offenses | 2176, 2177, 2177A, 2178A, 2178B, 2179
Electric | 1344A
Homicide by intoxicated user | 1190
Homicide by negligent use | 1175
Injury by negligent use | 1260
Possession of by convicted felon | 1343
Reckless use of | 1305, 1321, 1322, 1323, 1324
Use of dangerous weapon | 990

Wearing bulletproof garment | 993

Weight of evidence |
Accomplices | 245
Child witness | 340
Credibility of witnesses | 300
Expert testimony | 200, 205
Expert testimony, more than one expert | 200A
How decided | 190
Jury must judge | 215
Motive, presence or absence | 175
Statements or confessions | 180

Welfare fraud |
Failure to disclose | 1851
Failure to notify authorities of change of facts | 1854
Failure to report receipt of income | 1852
False representations to secure public assistance | 1850

Whitty evidence, cautionary instruction | 275

Wisconsin Organized Crime Control Act | 1881, 1882, 1883

Withdrawal | 412

Without consent | 948

Witness, granted immunity, testimony of | 245
Procedure |

Witnesses | 300, 340
| See: Evidence
Battery to | 1232, 1233, 1238, 1239
Bribery of | 1808A, 1808B
Child, credibility | 340
Credibility consideration | 300
Damage or threat to property of | 1400C
Exercising privilege against self-incrimination | 317
Expert | 200, 205
Impeachment | 320, 320A, 325, 327, 330
Intimidation of | 1290, 1292, 1292A, 1297
Jury questioning | 57
Missing witness | 345
Motives for falsifying considered | 300
Opinion of a nonexpert | 201
Prisoner status an issue | 312

Worthless check | 1468
Over $500 | 1469A, 1469B