Wis JI-Criminal 1209

Statutory Definition of the Crime

Second-degree sexual assault, as defined in § 940.225(2)(b) of the Criminal Code of

Wisconsin, is committed by one who, without consent, has sexual contact with another

person—meaning contact undertaken with intent to (cause bodily harm to that) (become

sexually aroused or gratified) (sexually degrade or humiliate that)—and causes (injury)

(illness) (disease or impairment of a sexual or reproductive organ) (mental anguish

requiring psychiatric care).

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 (injury to (name of victim)) (illness to (name of victim))

(disease or impairment of a sexual or reproductive organ of (name of victim))

(mental anguish requiring psychiatric care for (name of victim)).3

Meaning of “Did Not Consent”4

“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

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all four elements of second 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.