Wis JI-Criminal 1204 (example)

1204 EXAMPLE FIRST DEGREE SEXUAL ASSAULT: AGAINST AN

INDIVIDUAL WHO IS 60 YEARS OF AGE OR OLDER —

§ 940.225(1)(d)

THE FOLLOWING ILLUSTRATES HOW WIS JI-CRIMINAL 1204 WOULD

BE ADAPTED IF THE PREDICATE SECOND DEGREE SEXUAL

ASSAULT IS A VIOLATION OF SEC. 940.225(2)(a)

Statutory Definition of the Crime

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

Wisconsin, is committed by 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.

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. (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.1

2. The defendant had sexual (contact) (intercourse) with (name of victim).

3. (Name of victim) did not consent to the sexual (contact) (intercourse).

4. The defendant had sexual (contact) (intercourse) with (name of victim) by use or

threat of force or violence.

1204 EXAMPLE WIS JI-CRIMINAL 1204 EXAMPLE

The use or threat of force or violence may occur before or as part of the sexual

(contact) (intercourse).

SELECT THE ALTERNATIVES SUPPORTED BY THE EVIDENCE

[This element is satisfied if the use or threat of force or violence compelled

(name of victim) to submit.]

[Use or threat of force or violence on one date can carry over to an alleged

sexual assault on a later date if the use or threat of force or violence continued to

weigh on (name of victim) and caused (him) (her) to cooperate out of fear for (his)

(her) safety.]

[The phrase “by use of force” includes forcible sexual contact or force used as

the means of making sexual contact.]

Meaning of [“Sexual Contact”] [“Sexual Intercourse”]

REFER TO WIS JI-CRIMINAL 1200A FOR DEFINITION OF “SEXUAL

CONTACT” AND WIS JI-CRIMINAL 1200B FOR DEFINITION OF

“SEXUAL INTERCOURSE” AND INSERT THE APPROPRIATE

DEFINITION HERE.

Meaning of “Did Not Consent”

“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.

1204 EXAMPLE WIS JI-CRIMINAL 1204 EXAMPLE

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.