Wis JI-Criminal 1032

Statutory Definition of the Crime

Felony murder, as defined in § 940.03 of the Criminal Code of Wisconsin, is

committed by one who causes the death of another human being while committing1 the

crime of (name of crime)2 as a party to the crime.

State’s Burden of Proof

Before you may find the defendant guilty of felony murder, the State must prove by

evidence which satisfies you beyond a reasonable doubt that the following elements were

present.

Elements of Felony Murder That the State Must Prove

1. The defendant was a party to the crime of (name of crime).

2. The death of (name of victim) was caused by the commission of the (name of

crime).3

Determining Whether the Defendant Was A Party

To the Crime of (name of crime)

The first element of felony murder requires that the defendant was a party to the crime

of (name of crime). This determination has two parts. I will first define what it means to be

a party to the crime, which is the first part. Then I will define the elements of (name of

crime), which is the second part.

Party to a Crime

“Party to a crime” means that all persons concerned in the commission of a crime may

be found to have committed that crime although they did not commit it directly.4

The State contends5 that the defendant was concerned in the commission of the crime

of (name of crime) by either directly committing it or by intentionally aiding and abetting

the person who directly committed it. If a person intentionally aids and abets the

commission of a crime, then that person is guilty of the crime as well as the person who

directly committed it.

Definition of Aiding and Abetting

A person intentionally aids and abets the commission of a crime when, acting with

knowledge or belief that another person is committing or intends to commit a crime, (he)

(she) knowingly either

• assists the person who commits the crime, or

• is ready and willing to assist and the person who commits the crime knows of the

willingness to assist.

To intentionally aid and abet (name of crime), the defendant must know that another

person is committing or intends to commit the crime of (name of crime) and have the

purpose to assist the commission of that crime.6

[USE THE FOLLOWING IF SUPPORTED BY THE EVIDENCE.]

(However, a person does not aid and abet if (he) (she) is only a bystander or spectator

and does nothing to assist the commission of a crime.)

Jury’s Decision – Party to a Crime

Before you may find that the defendant was a party to the crime of (name of crime),

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

defendant directly committed the crime of (name of crime) or that the defendant

intentionally aided and abetted the commission of that crime.

Unanimous Agreement Not Required Regarding Theory of Party to a Crime

All twelve jurors do not have to agree as to whether the defendant directly committed

the crime or aided and abetted the commission of the crime. However, each juror must be

convinced beyond a reasonable doubt that the defendant was concerned in the commission

of the crime in one of those ways.7

Elements of (name of crime) That the State Must Prove

Now I will define the elements of (name of crime).

8

(Name of crime), as defined in section of the Criminal Code of Wisconsin, is

committed by one who (here refer to the instruction for the underlying crime to fully define

the elements of that crime).9

Determining Whether Death was Caused by the

Commission of (name of crime)

The second element of felony murder requires that the death of (name of victim) was

caused by the commission of the (name of crime).10

The Meaning of “Cause”

“Cause” means that the commission of the (name of crime) was a substantial factor in

producing the death.11

ADD THE FOLLOWING IN CASES INVOLVING THE IMMEDIATE

FLIGHT FROM A FELONY.12

[The phrase “the commission of” the crime includes the period of immediate flight

from that crime.]

Jury’s Decision on Felony Murder

If you are satisfied beyond a reasonable doubt that the defendant was a party to the

crime of (name of crime) and that the death of (name of victim) was caused by the

commission of (name of crime) as that crime has been defined, you should find the

defendant guilty of felony murder.

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