WI · jury_instructions
Wis JI-Criminal 1211A
Second-degree sexual assault: sexual intercourse with a person suffering from mental illness - 940.225(2)(c)
Statutory Definition of the Crime
Second-degree sexual assault, as defined in § 940.225(2)(c) of the Criminal Code of
Wisconsin, is committed by one who has sexual intercourse with a person who suffers from
a mental (illness) (deficiency) which renders that person temporarily or permanently
incapable of appraising their own conduct, and the person committing the act knows of
such condition.
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 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) suffered from a mental (illness) (deficiency) at the time of the
sexual intercourse.2
3. The mental (illness) (deficiency) rendered (name of victim) temporarily or
permanently incapable of appraising (name of victim)’s own conduct.3
4. The defendant knew that (name of victim) was suffering from a mental (illness)
(deficiency) and knew that the mental condition rendered (name of victim)
temporarily or permanently incapable of appraising (name of victim)’s own
conduct.4
ADD THE FOLLOWING IF THERE IS EVIDENCE RELATING TO THE
VICTIM’S CONDUCT THAT IS RELEVANT TO THE THIRD OR FOURTH
ELEMENTS.5
[Use of Consent Evidence]
[Consent to sexual intercourse is not a defense. However, you may consider any words
or actions of (name of victim) indicating consent in determining (whether (name of victim)
was suffering from a mental (illness) (deficiency) that rendered (him) (her) incapable of
appraising (his) (her) conduct) (or) (whether the defendant knew that (name of victim) was
suffering from a mental (illness) (deficiency) that rendered (him) (her) incapable of
appraising (his) (her) conduct).]
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.
History
Wis JI-Criminal 1211A (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
e422367acf550f8a779de6c3b09785a8dbb298a9537c6a3d8c35d99612c5f6a7
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