Wis JI-Criminal 1204

Statutory Definition of the Crime

[First degree]2 sexual assault, as defined in § 940.225(1)(d) of the Criminal Code of

Wisconsin, is committed by [CHOOSE ONE OF THE FOLLOWING]3.

• [one who has sexual (contact) (intercourse) with another person who is 60 years

of age or older without consent and by use or threat of force or violence]

• [one who has sexual (contact) (intercourse) with another person who is 60 years

of age or older without consent and causes (injury) (illness) (disease or impairment

of a sexual or reproductive organ) (mental anguish requiring psychiatric care)]

• [one who has sexual (contact) (intercourse) with a person who is 60 years of age

or older who suffers from a mental illness or deficiency which renders that person

temporarily or permanently incapable of appraising their own conduct, and the

person committing the act knows of such condition]

• [one who has sexual (contact) (intercourse) with a person who is 60 years of age

or older who is under the influence of an intoxicant to a degree which renders that

person incapable of giving consent if the defendant has actual knowledge that the

person is incapable of giving consent and has the purpose to have sexual (contact)

(intercourse) with the person while the person is incapable of giving consent]

• [one who has sexual (contact) (intercourse) with a person who is 60 years of age

or older who the defendant knows is unconscious]

• [one who has sexual (contact) (intercourse) with another person who is 60 years

of age or older without consent and is aided and abetted4 by one or more other

persons]

• [one who is an employee of a (type of facility or program)5 and has sexual

(contact) (intercourse) with a (patient) (resident) of that (facility) (program) who

is 60 years of age or older]

• [a correctional staff member who has sexual (contact) (intercourse) with an

individual who is 60 years of age or older who is confined in a correctional

institution]6

• [a (probation) (parole) (extended supervision) agent who has sexual (contact)

(intercourse) with an individual who is 60 years of age or older on (probation)

(parole) (extended supervision), and who supervises that individual in his or her

capacity as an agent]7

• [a licensee, employee, nonclient resident, of an entity, who has sexual (contact)

(intercourse) with a client of the entity who is 60 years of age or older]

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 _______8

elements were present.

Elements of the Crime That the State Must Prove

1. (Name of victim) was 60 years of age or older at the time of the offense.

Knowledge of (name of victim)’s age by the defendant is not required and a

mistake regarding the (name of victim)’s age is not a defense.9

[LIST THE ELEMENTS OF THE CRIME CHARGED UNDER §

940.225(2) AS INDICATED IN THE UNIFORM INSTRUCTION. ADD

DEFINITIONS OF THE UNIFORM INSTRUCTION AS NECESSARY]10

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all _____11 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.