Wis JI-Criminal 1070

The defendant is charged with attempted first degree intentional homicide.

Statutory Definition of the Crime

The crime of attempted first degree intentional homicide, as defined in § 939.32 and

§ 940.01 of the Criminal Code of Wisconsin, is committed by one who, with intent to commit

first degree intentional homicide, does acts toward the commission of that crime which

demonstrate unequivocally, under all of the circumstances, that he or she had formed that

intent and would commit the crime except for the intervention of another person or some

other extraneous factor.

State's Burden of Proof

Before you may find the defendant guilty of this offense, 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 intended to kill (name of victim).

"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.

2. The defendant did acts toward the commission of the crime of (name intended

crime) which demonstrate unequivocally, under all of the circumstances, that the

defendant intended to kill and would have killed (name of victim) except for the

intervention of another person or some other extraneous factor.

Meaning of "Unequivocally"

"Unequivocally" means that no other inference or conclusion can reasonably and fairly

be drawn from the defendant's acts, under the circumstances.

Meaning of "Another Person"

"Another person" means anyone but the defendant and may include the intended victim.

Meaning of "Extraneous Factor"

An "extraneous factor" is something outside the knowledge of the defendant or outside

the defendant's control.

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.

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 intended to kill (name

of victim) and that the defendant's acts demonstrated unequivocally that the defendant

intended to kill and would have killed (name of victim) except for the intervention of

another person or some other extraneous factor, you should find the defendant guilty of

attempted first degree intentional homicide.

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