WI · jury_instructions
Wis JI-Criminal 1201
First Degree Sexual Assault: Sexual Contact Without Consent Causing Great Bodily Harm
Statutory Definition of the Crime
First-degree sexual assault, as defined in § 940.225(1)(a) of the Criminal Code of
Wisconsin, is committed by one who, without consent, has sexual contact with a person—
meaning contact undertaken with intent to (cause bodily harm) (become sexually aroused
or gratified) (sexually degrade or humiliate)—and causes great bodily harm to that person.
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 four elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant had sexual contact with (name of victim).
“Sexual contact” is defined as (insert the applicable definition set forth in Wis
JI–Criminal 1200A).1
2. The defendant acted with intent to (become sexually aroused or gratified)
(sexually degrade or humiliate (name of victim)) (cause bodily harm to (name of
victim).2
3. (Name of victim) did not consent to the sexual contact.
4. The defendant caused great bodily harm to (name of victim).3
Meaning of Did Not Consent4
“Did not consent” means that (name of victim) did not freely agree to have sexual
contact with the defendant. In deciding whether (name of victim) did not consent, you
should consider what (name of victim) said and did, along with all the other facts and
circumstances. This element does not require that (name of victim) offered physical
resistance.5
Meaning of Great Bodily Harm
“Great bodily harm” means serious bodily injury.6 [Injury which creates a substantial
risk of death, or which causes serious permanent disfigurement, or which causes a
permanent or protracted loss or impairment of the function of any bodily member or organ,
or other serious bodily injury is great bodily harm.]
Jury’s Decision
If you are satisfied beyond a reasonable doubt that all four elements of first-degree
sexual assault have been proved, you should find the defendant guilty.
If you are not so satisfied, you must find the defendant not guilty.
History
Wis JI-Criminal 1201 (3/2026). Release No. 70. Wisconsin Court System, 3/2026. 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
d11a027e08cd38464c6a374f7a99daaf991077a7562da5d68c63ea27f0f41dc0
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