WI · jury_instructions
Wis JI-Criminal 1209A
Second degree sexual assault: sexual intercourse without consent causing injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care - 940.225(2)(b)
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 has sexual intercourse with another person without
consent 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 three elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant had sexual intercourse with (name of victim).
“Sexual intercourse” is defined as (insert the applicable definition set forth in
Wis JI–Criminal 1200B).1
2. (Name of victim) did not consent to the sexual intercourse.
3. 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)).2
Meaning of “Did Not Consent”3
“Did not consent” means that (name of victim) did not freely agree to have sexual
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 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.
History
Wis JI-Criminal 1209A (3/2026). Release No. 70. Wisconsin Court System, 3/2026. 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
80d56b8c3031e0390db7b023a53fe618674ed2e50cbc84113980405e0607f8ae
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