Wis JI-Criminal 1010

Statutory Definition of the Crime

First degree intentional homicide, as defined in § 940.01 of the Criminal Code of

Wisconsin, is committed by one who causes the death of another human being with the intent

to kill that person or another.

State's Burden of Proof

Before you may find the defendant guilty of first degree intentional homicide, the State

must prove by evidence which satisfies you beyond a reasonable doubt that the following two

elements were present.

Elements of the Crime That the State Must Prove

1. The defendant caused the death of (name of victim).

"Cause" means that the defendant's act was a substantial factor in producing the

death. 2

2. The defendant acted with the intent to kill ( (name of victim) ) (another human

being). 3

"Intent to kill" means that the defendant had the mental purpose to take the life

of another human being or was aware that (his) (her) conduct was practically certain

to cause the death of another human being. 4

When May Intent Exist?

While the law requires that the defendant acted with intent to kill, it does not require that

the intent exist for any particular length of time before the act is committed. The act need not

be brooded over, considered, or reflected upon for a week, a day, an hour, or even for a

minute. There need not be any appreciable time between the formation of the intent and the

act. The intent to kill may be formed at any time before the act, including the instant before

the act, and must continue to exist at the time of the act.

Deciding About Intent

You cannot look into a person's mind to find intent. Intent to kill must be found, if found

at all, from the defendant's acts, words, and statements, if any, and from all the facts and

circumstances in this case bearing upon intent. 5

Intent and Motive

Intent should not be confused with motive. While proof of intent is necessary to a

conviction, proof of motive is not. "Motive" refers to a person's reason for doing something.

While motive may be shown as a circumstance to aid in establishing the guilt of a defendant,

the State is not required to prove motive on the part of a defendant in order to convict.

Evidence of motive does not by itself establish guilt. You should give it the weight you

believe it deserves under all of the circumstances.

Jury's Decision

If you are satisfied beyond a reasonable doubt that the defendant caused the death of

(name of victim) with the intent to kill, you should find the defendant guilty of first degree

intentional homicide.

If you are not so satisfied, you must find the defendant not guilty.