Wis JI-Criminal 1213

Statutory Definition of the Crime

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

Wisconsin, is committed by one who has sexual contact with another person—meaning

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

aroused or gratified) (sexually degrade or humiliate that person)—and the other person is

a person who the defendant knows is unconscious.

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) was unconscious3 at the time of the sexual contact.

4. The defendant knew that (name of victim) was unconscious at the time of the

sexual contact.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 contact 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 unconscious) (or) (whether the defendant knew that (name of victim) was

unconscious).]

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.