WI · jury_instructions
Wis JI-Criminal 112A (example)
Armed Robbery: Robbery (Unarmed)
112A EXAMPLE ARMED ROBBERY: ROBBERY (UNARMED)
The information in this case charges that:
[READ THE CHARGE IN THE INFORMATION.]
To this charge, the defendant has entered a plea of not guilty which means the State must
prove every element of the offense charged beyond a reasonable doubt.
[READ INSTRUCTION ON ARMED ROBBERY, OMITTING THE LAST
PARAGRAPH.]
If you are not so satisfied, you must not find the defendant guilty of armed robbery, and
you should consider whether the defendant is guilty of unarmed robbery in violation of
§ 943.32(1) of the Criminal Code of Wisconsin, which is a lesser included offense of armed
robbery.
Make Every Reasonable Effort to Agree
You should make every reasonable effort to agree unanimously on your verdict on the
charge of armed robbery before considering the offense of unarmed robbery. However, if
after full and complete consideration of the evidence, you conclude that further deliberation
would not result in unanimous agreement on the charge of armed robbery, you should
consider whether the defendant is guilty of unarmed robbery.
The difference between armed robbery and unarmed robbery is that armed robbery
requires one additional element: that the defendant used or threatened to use a dangerous
weapon.
112A EXAMPLE WIS JI-CRIMINAL 112A EXAMPLE
If you are satisfied beyond a reasonable doubt that all the elements of armed robbery
were present, except the element requiring that the defendant used or threatened to use a
dangerous weapon, you should find the defendant guilty of unarmed robbery.
In other words, if you are satisfied beyond a reasonable doubt that the defendant took
property from the person of _________, that the defendant took the property with the intent
to steal, and that the defendant used force against _________ with intent to overcome
_________'s physical resistance to the taking or carrying away of the property, you should
find the defendant guilty of unarmed robbery.
You are not, in any event, to find the defendant guilty of more than one of the foregoing
offenses. If you are satisfied beyond a reasonable doubt that the defendant committed armed
robbery, the offense charged in the information, you should find the defendant guilty of that
offense, and you must not find the defendant guilty of the other lesser included offense I have
submitted to you.
If you are not satisfied beyond a reasonable doubt that the defendant committed either
one of the offenses I have submitted to you, you must find the defendant not guilty.
History
Wis JI-Criminal 112A (2000). Release No. 38, 4/2000. © 2000, Regents, Univ. of Wis. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
2e5fce4d58cfd2ad5e2ab9867c26c319edebc1f78501fc670dee86cb0ac45f50
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.