Wis JI-Criminal 1203

Statutory Definition of the Crime

First-degree sexual assault, as defined in § 940.225(1)(b) 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 to that person) (become

sexually aroused or gratified) (sexually degrade or humiliate that person)—and by use or

threat of use of (a dangerous weapon) (an article used or fashioned in a manner to lead the

other person to reasonably believe it was a dangerous weapon).

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 had sexual contact with (name of victim) by use or threat of use of

(a dangerous weapon) (an article used or fashioned in a manner to lead the other

person to reasonably believe3 it was a dangerous weapon).

This requires that the defendant actually used or threatened to use4 (the

dangerous weapon) (an article which (name of victim) reasonably believed

capable of producing death or great bodily harm)5 to compel (name of victim) to

submit6 to sexual contact.

[Meaning of “Dangerous Weapon”]

[A dangerous weapon is (any firearm, whether loaded or not) (any device designed as

a weapon and capable of producing death or great bodily harm) (any device or

instrumentality which in the manner it is used or intended to be used is calculated or likely

to produce death or great bodily harm).7]

Meaning of “Did Not Consent”8

“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.9

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.