WI · jury_instructions
Wis JI-Criminal 1201A
First Degree Sexual Assault: Sexual Intercourse Without Consent Causing Pregnancy
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 has sexual intercourse with another person without
consent and causes that person to become pregnant.
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 three elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant had sexual intercourse 1 with (name of victim).
2. (Name of victim) did not consent to the sexual intercourse.
3. The defendant caused (name of victim) to become pregnant. 2
Meaning of "Did Not Consent" 3
"Did not consent" means that (name of victim) did not freely agree to have sexual
[contact] [intercourse] 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. 4
Jury's Decision
If you are satisfied beyond a reasonable doubt that all three 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 1201A (2002). © 2002, 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
2ecfa2169e1070e637504d381cbd0f81052a56891205715723015bee3cb1d919
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