These pages give shorthand versions of jury instructions on some
common crimes in Wisconsin. They were written and are copyrighted by
Attorney Charles Kenyon (see note on use).
They are intended for use BY LAWYERS when advising their clients
prior to entry of a plea. If you are a non-lawyer and your lawyer is
telling you something different
BELIEVE YOUR OWN LAWYER. This page does not constitute
legal advice by either Charles Kenyon nor the Menominee River
Defenders Association, such advice requires a knowledge of the
particular facts of a case. These descriptions of what the government
has to prove are divided into three broad categories:
Instructions: Read the description of the crime(s) to which you are pleading either "guilty" or "no contest." Write your initials in the blank line in front of that crime.
If you plead guilty or no contest, you will be found guilty just the same as if you had lost a jury trial. Crimes have legal parts or "elements." Sometimes an element is your intent or knowledge. A jury can’t read your mind but they can infer your intent or knowledge from your actions. For you to be convicted after a trial, the prosecution would have to prove beyond a reasonable doubt that:
____ Operate a Motor Vehicle While Under the Influence of an Intoxicant §346.63(1)(a) WCJI 2660
1. That you operated a motor vehicle on a highway within this county.
2. That at the time you operated the motor vehicle you were under the influence of an intoxicant. This means that your ability to control the motor vehicle or exercise clear judgment was impaired by an intoxicant. While a person who is drunk is "under the influence," it is not necessary that you were drunk, only that your abilities were impaired. By entering a plea, you are not admitting that you were drunk, but are admitting that you were impaired or "under the influence."
____ Operate a Motor Vehicle While With a prohibited Breath/Blood Alcohol Content §346.63(1)(b) WCJI 2661
1. That you operated a motor vehicle on a highway within this county.
2. That at the time you operated the motor vehicle you had a blood alcohol level or breath alcohol level of .10 or more. (These levels can be less in certain circumstances as for a commercial driver’s license. If this is the case, it should be noted here.) There would have to be a written report on your alcohol level for you to be convicted of this (intoxilyzer record card or lab test).
____ Operating a Motor Vehicle While Suspended/Revoked §343.44 WCJI 2620
1. You operated a motor vehicle upon any highway in this county. A motor vehicle is operated for purposes of this section when it is set into motion. Streets are highways, as are some other places.
2. At the time you operated the motor vehicle, your opereating privilege was duly revoked or suspended. (A person’s operating privilege remains revoked or suspended until it is reinstated. To do this you must go to the Department of Transportation office. Until you are actually told by a DOT employee that you have a license and you have something in writing showing that, you should not be driving.)
3. You knew or had cause to believe that your operating privilege had been revoked or suspended.
____ Operating a Motor Vehicle Without a Valid Drivers License §343.05 WCJI 2610
1. You operated a motor vehicle upon a highway in this state. A motor vehicle is operated for purposes of this section when it is set into motion. Streets are highways, as are some other places.
2. At the time you operated the motor vehicle, you did not have a driver’s license (valid for operation in Wisconsin). A cancelled or expired license is not valid — and it makes no difference that you did not know that the license was cancelled or expired.
____ Hit and Run §346.67 WCJI 2670
1. First, you operated a vehicle which was involved in an accident on a highway in this county.
2. Second, the accident involved another vehicle in which there was a person, or involved hitting another person.
3. Third, the accident resulted in damage to the other vehicle, or injury to a person.
4. Fourth, you did not immediately stop your vehicle at the scene of the accident and remain at the scene until you had:
a. given your name and address, and the registration number of your vehicle to the other driver,
b. (if it was requested and available) shown your drivers license to the other driver.
5. Fifth that you were physically capable of doing the things required in element #4 (above).
NOTE: These are paraphrased from the Wisconsin Criminal Jury Instructions but are not verbatim. They are paraphrased to be easier to understand, and so do not cover all of the ways these crimes may be committed, just the ones that come up most often. These pages state the law as I believe it to be, not the way I think it should be. Although I am employed by the office of the State Public Defender, this my own creation and the SPD is in no way responsible for me writing them (on my own time and own computer) nor for me distributing them. I wrote this because they help me be sure that I am giving good advice to clients. I am sharing them so that others don’t have to reinvent the wheel.
In the hope that knowledge of the law is sametimes a deterrent. I’ve noted some of the unknown provisions that often trip up well-meaning people.
AUTHOR's STATEMENT: I believe these were up-to-date as of 7/1/97 and the law may have changed since then. For that reason, among others, anyone using this without the help of an attorney probably is making a mistake. I did not write these to be used without the assistance of a lawyer. If your attorney says something different than what is on here, believe your attorney! Attorneys and judges, if you do find a mistake, please let me know so that I can correct it for everyone. Also, if you have suggestions for crimes to add to these sheets let me know. I never use these to try a case, I check the law and I am posting these in the expectation that my fellow lawyers would do the same. My e-mail address is kenyonck@addbalance.com.
Permission given to Wisconsin Courts and attorneys to copy for use in court and in advising clients. Permission is not given to distribute this in altered form or without this copyright notice. Permission given to State Public Defender (SPD) for any use. The SPD may grant others permission to copy or use this, as well. Copyright 1987, 1988, Charles K. Kenyon, Marinette, WI, USA All rights reserved.
ELEMENTS
OF OFFENSES - CRIMINAL CODE -
Orderly Society Crimes
Instructions: Read the description of the crime(s) to which you are pleading either "guilty" or "no contest." Write your initials in the blank line in front of that crime.
If you plead guilty or no contest, you will be found guilty just the same as if you had lost a jury trial. Crimes have legal parts or "elements." Sometimes an element is your intent or knowledge. A jury can’t read your mind but they can infer your intent or knowledge from your actions. For you to be convicted after a trial, the prosecution would have to prove beyond a reasonable doubt that:
_____ Party to the Crime §939.05 WCJI 400 (sometimes people are charged as accessories or parties). For you to be convicted the government would have to show beyond a reasonable doubt that you helped in the commission of the crime by showing that:
1. You commited the crime yourself; or
2. You intentionally helped in the commission of the crime. (This can include acts after the crime.) You do not have to be present at the scene of the crime to be a party to the crime. However, being present at the scene, without more, is not being a party to the crime. It is never wise to go with someone who is going to commit a crime just to watch -- others may think you are acting as a lookout.
3. You were ready and willing to help in the commission of a crime and the person committing the crime knew that you were willing to help.
_____ Battery §940.19(1) WCJI 1220
1. Another person received bodily harm (bodily harm may simply be pain).
2. Something you did caused that harm.
3. You intended that some person be harmed by your act (not necessarily the same person as was harmed).
4. The person harmed did not give you permission to do what you did.
5. You knew that the person harmed did not give permission to being harmed.
WARNING NOTE: If the person harmed is under 18, his or her consent does not matter — and it is a felony. If you are seventeen and get into a fist fight (or even a shoving match) with another seventeen-year-old, you can both be charged with FELONY battery to a child — as adults, even if the other person is older or bigger. ALSO, if the other person is seriously hurt, permission does not matter (also a felony).
_____ Disorderly Conduct §947.01 WCJI 1900
1. You did something that was violent or abusive ro indecent or profane or boisterous or unreasonably loud or otherwise disorderly, and
2. You did this at a time and place where your conduct tended to cause or even just provoke a disturbance. (There is no requirement that there actually be a fight or disturbance.)
_____ Possess a Controlled Substance §961.41 WCJI 6030
1. You knowingly possessed something.
2. That something was an illegal drug (controlled substance).
3. You knew or believed that what you had was a substance the possession of which is prohibited by the drug laws. (It does not matter if you thought it was cocaine and it turned out to be amphetemines, it would matter if you thought it to be baking powder.) WARNING NOTE: In Wisconsin you can be a dealer if you give away drugs or give someone back their own drugs, that’s called delivery. You don’t have to be selling.
_____ Possess Drug Paraphrenalia §961.573 WCJI 6050
1. You knowingly possessed an object. (Often a pipe. Possession usually means have something under yoru control.)
2. That object was used, or was designed to be used, or was primarily intended for use in introducing a controlled substance into a human body in violation of Chapter 961 (the part of the Wisconsin Statutes controlling drugs). This probably means the pipe was for smoking pot.
3. You had it in your possession with the primary intent to use it to so introduce such a substance into your body. (You had it with you so you could smoke some if the opportunity should arise.)
_____ Obstructing an Officer §946.41 WCJI 1766
1. You obstructed a police officer (acted to prevent or make the officer’s duties more difficult).
2. The officer was doing something in an official capacity.
3. The officer was doing that something with lawful authority.
4. You knew that the officer was a police officer, was acting in an official capacity, and was acting with lawful authority, and knew that what you were doing would obstruct that officer in the performance of his or her duty. NOTE: the refusal to answer an officer’s questions, by itself, is not obstructing an officer. It is exercising a constitutional right.
_____ Obstructing an Officer - False Information §946.41(2)(b) WCJI 1766A
1. You knowingly gave false information to a police officer.
2. The officer was doing something in an official capacity.
3. The officer was doing that something with lawful authority.
4. You intended to mislead that officer in the performance of his or her duty.
_____ Resisting an Officer §946.41 WCJI 1765
1. You resisted a police officer.
2. The officer was doing something in an official capacity.
3. The officer was doing that something with lawful authority.
4. You knew that the officer was a police officer, was acting in an official capacity, and was acting with lawful authority, and knew that what you were doing would resist the officer.
_____ Carrying a Concealed Weapon §941.23 WCJI 1335
1. You went armed with a dangerous weapon. That means you had it on you or within easy reach.
2. You knew that the weapon was there.
2. The weapon was concealed. Concealed does not always mean completely hidden. A gun or other weapon can be considered concealed in Wisconsin even if it is plain view on a car seat and visible through the window.
_____ Bail Jumping (Intentional Failure to Comply with Conditions of Bond) §946.49(1) WCJI 1795
1. You were charged with a crime. - For felony bail jumping, you were charged with a felony.
2. You were released from custody on bond under conditions established by a judge (or bail schedule or court commissioner).
3. You intentionally failed to comply with at least one of the terms of that bond. You knew of those conditions and knew that what you were doing did not comply with those conditions.
_____ Failure to Pay Child Support §948.22 WCJI 2152
1. You were under a legal obligation to pay support.
2. You knew or reasonably should have known that you were under that obligation.
3. You intentionally failed to provide that support.
4 (Felony only) Your failure to support continued for 120 or more consecutive days.
NOTE: These are paraphrased from the Wisconsin Criminal Jury Instructions and are not verbatim. They are paraphrased to be easier to understand, and so do not cover all of the ways these crimes may be committed, just the ones that come up most often. These pages state the law as I believe it to be, not the way I think it should be. Although I am employed by the office of the State Public Defender, this my own creation and the SPD is in no way responsible for me writing them (on my own time and own computer) nor for me distributing them. I wrote this because they help me be sure that I am giving good advice to clients. One of our judges asked for permission to copy them for use in court. I am sharing them so that others don’t have to reinvent the wheel.
In the hope that knowledge of the law is sometimes a deterrent, I’ve noted some of the less-well-known provisions that often trip up well-meaning people. I believe these were current as of 7/1/97; the law may have changed since then. For that reason, anyone using this without the help of an attorney probably is making a mistake. I did not write these to be used without the assistance of a lawyer. If your attorney says something different than what is on here, believe your attorney! Attorneys and judges, if you do find a mistake, please let me know so that I can correct it for everyone. Also, if you have suggestions for crimes to add to these sheets let me know. I never use these to try a case, I check the law and I am posting these in the expectation that my fellow lawyers would do the same. My e-mail address is kenyonck@addbalance.com.
Permission given to Wisconsin Courts and attorneys to copy for use in court and advising clients. Permission is not given to distribute this in altered form or without this copyright notice. Permission given to State Public Defender (SPD) for any use. The SPD may grant others permission to copy or use this, as well. Copyright 1987, 1988, Charles K. Kenyon, Marinette, WI, USA All rights reserved.
Instructions: Read the description of the crime(s) to which you are pleading either "guilty" or "no contest." Write your initials in the blank line in front of that crime.
If you plead guilty or no contest, you will be found guilty just the same as if you had lost a jury trial. You give up your right to that trial. Crimes have legal parts or "elements." Sometimes an element is your intent or knowledge. A jury can’t read your mind but they can infer your intent or knowledge from your actions. For you to be convicted after a trial, the prosecution would have to prove beyond a reasonable doubt that:
_____ Party to the Crime §939.05 WCJI 400 (sometimes people are charged as accessories or parties). For you to be convicted the government would have to show beyond a reasonable doubt that you helped in the commission of the crime by showing that:
1. You commited the crime yourself; or
2. You intentionally helped in the commission of the crime. (This can include acts after the crime.) You do not have to be present at the scene of the crime to be a party to the crime. However, being present at the scene, without more, is not being a party to the crime. It is never wise to go with someone who is going to commit a crime just to watch -- others may think you are acting as a lookout.
3. You were ready and willing to help in the commission of a crime and the person committing the crime knew that you were willing to help.
_____ Criminal Damage to Property §943.01(1) WCJI 1400
1. First, you damaged physical property that belonged to someone else.
2. Second that you intended to damage the property.
3. The property you damaged belonged to someone else.
4. You damaged the property without permission of the owner.
4. You knew that your damaging the property was without permission.
_____ Issue a Worthless Check §943.24 WCJI 1468
1. You issued a check. A check is an unconditional order to pay money. A check is issued when it is signed and delivered to another.
2. At the time you issued the check, you intended that it not be paid.
_____ Utter a Forged Writing (Check) §943.38(2) (This is always a felony.) WCJI 1492
1. You transferred a writing as genuine. (You "uttered" it.)
2. The writing was forged or materially altered. (You do not have to be the person who forged or altered it.)
3. You knew the writing (check) was forged or altered.
4. The writing (check) was one by which legal rights or obligations are created or transferred. (An endorsement on a check is such a writing, as is the check itself.)
_____ Theft §943.20(1) WCJI 1441
1. You intentionally took and carried away movable property of another.
2. You took and carried away that property without consent of the owner.
3. You knew that taking and carrying away that property was without consent.
4. You took and carried away the property with intent to deprive the owner permanently of its possession. (You didn’t plan to give it back.)
____ Retail Theft §943.50 WCJI 1498
1. There was merchandise that was held for resale by a merchant.
2. You knew that such merchandise was held for resale by a merchant.
3. You intentionally took and carried away that merchandise (or concealed it or altered the price tag or indicated value).
4. You did not have the merchant’s permission to do this.
5. You knew that you did not have permission.
_____ Criminal Trespass to Dwelling / Locked Building §943.14 WCJI 1437
1. You intentionally entered the dwelling of another.
2. You did not have consent of the owner or someone lawfully there.
3. Your entry was under circumstances tending to create or provoke a breach of the peace (i.e., the owner might shoot you or hit you or run away if he/she found out.)
4. You knew that the entry was without consent and would tend to create or provoke a breach of the peace.
_____ Burglary with Intent to Steal §943.10 - This is always a felony. WCJI 1421
1. You intentionally entered a building belonging to someone else
2. You did not have consent of the owner or someone in lawful possession.
3. You knew that the entry was without consent.
4. When you entered the building, you intended to steal something from that building. (It is not necessary that anything actually was stolen.)
NOTE: These are paraphrased from the Wisconsin Criminal Jury Instructions but are not verbatim. They are paraphrased to be easier to understand, and so do not cover all of the ways these crimes may be committed, just the ones that come up most often. These pages state the law as I believe it to be, not the way I think it should be. Although I am employed by the office of the State Public Defender, this my own creation and the SPD is in no way responsible for me writing them (on my own time and own computer) nor for me distributing them. I wrote this because they help me be sure that I am giving good advice to clients. I am sharing them so that others don’t have to reinvent the wheel.
In the hope that knowledge of the law is sometimes a deterrent. I’ve noted some of the less-well-known provisions that often trip up well-meaning people.
I believe these were current as of 7/1/97; the law may have changed since then. For that reason, anyone using this without the help of an attorney probably is making a mistake. I did not write these to be used without the assistance of a lawyer. If your attorney says something different than what is on here, believe your attorney! Attorneys and judges, if you do find a mistake, please let me know so that I can correct it for everyone. Also, if you have suggestions for crimes to add to these sheets let me know. I never use these (or the jury instructions) to try a case, I check the law and I am posting these in the expectation that my fellow lawyers would do the same. My e-mail address is kenyonck@addbalance.com.
Permission given to Wisconsin Courts and attorneys to copy for use in court and in advising clients. Permission is not given to distribute this in altered form or without this copyright notice. Permission given to State Public Defender (SPD) for any use. The State Public Defender may grant others permission to copy or use this, as well.
Copyright 1987, 1988, Charles K. Kenyon, Marinette, WI, USA All rights reserved.