WI · jury_instructions
Wis JI-Criminal 116 (example)
Multiple Charges of First Degree Sexual Assault of a Child: Sexual Contact with a Person Who Has Not Attained the Age of 13 Years: Three Victims
116 EXAMPLE MULTIPLE CHARGES OF FIRST DEGREE SEXUAL
ASSAULT OF A CHILD: SEXUAL CONTACT WITH A
PERSON WHO HAS NOT ATTAINED THE AGE OF 13
YEARS: THREE VICTIMS
The defendant is charged with three separate counts of first degree sexual assault of a
child.
The first count of the information in this case charges that:
[READ THE CHARGE IN THE FIRST COUNT.]
The second count of the information in this case charges that:
[READ THE CHARGE IN THE SECOND COUNT.]
The third count of the information in this case charges that:
[READ THE CHARGE IN THE THIRD COUNT.]
The defendant has entered a plea of not guilty to each of these charges which means the
State must prove every element of each offense charged beyond a reasonable doubt.
Statutory Definition of the Crime
First degree sexual assault of a child, as defined in § 948.02(1) of the Criminal Code of
Wisconsin, is committed by one who has sexual contact with a person who has not attained
the age of 13 years.
State's Burden of Proof
Before you may find the defendant guilty of any count of first degree sexual assault of a
child, the State must prove by evidence which satisfies you beyond a reasonable doubt that
the following two elements were present with respect to that count.
116 EXAMPLE WIS JI-CRIMINAL 116 EXAMPLE
Elements of the Crime That the State Must Prove
1. As to each count, the defendant had sexual contact with the person named in that
count.
2. As to each count, the person named in that count had not attained the age of 13 years.
Meaning of Sexual Contact
REFER TO WIS JI-CRIMINAL 2101A FOR DEFINITION OF "SEXUAL
CONTACT" AND INSERT THE APPROPRIATE DEFINITION HERE.
Jury's Decision
[THE COMMITTEE RECOMMENDS SEPARATE CLOSING PARAGRAPHS
FOR EACH COUNT.] 1
If you are satisfied beyond a reasonable doubt that both elements of first degree sexual
assault of a child have been proved as to Count One, you should find the defendant guilty of
first degree sexual assault of a child as charged in Count One.
If you are not so satisfied, you must find the defendant not guilty as to Count One.
If you are satisfied beyond a reasonable doubt that both elements of first degree sexual
assault of a child have been proved as to Count Two, you should find the defendant guilty of
first degree sexual assault of a child as charged in Count Two.
If you are not so satisfied, you must find the defendant not guilty as to Count Two.
If you are satisfied beyond a reasonable doubt that both elements of first degree sexual
assault of a child have been proved as to Count Three, you should find the defendant guilty
of first degree sexual assault of a child as charged in Count Three.
116 EXAMPLE WIS JI-CRIMINAL 116 EXAMPLE
If you are not so satisfied, you must find the defendant not guilty as to Count Three.
History
Wis JI-Criminal 116 (2004). Release No. 42, 4/2004. © 2004, 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
d05b0f3eb2b3b1ed1ad31c6efe93da557c9e50b6f85e33b853f428d3836cc92d
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