WI · jury_instructions
Wis JI-Criminal 1214
Second Degree Sexual Assault: Sexual Contact Without Consent While Aided and Abetted - 940.225(2)(f)
Statutory Definition of the Crime
Second-degree sexual assault, as defined in § 940.225(2)(f) 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)—without consent and is
aided and abetted1 by one or more other persons.
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).2
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)).3
3. (Name of victim) did not consent to the sexual contact.
4. The defendant was aided and abetted by one or more other persons.
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
Meaning of “Aiding and Abetting”
The defendant was aided and abetted if another person knew that the defendant was
having or intended to have sexual contact without consent and either:
• provided assistance to the defendant; or,
• was willing to assist the defendant if needed and the defendant knew of the
willingness to assist.
Assistance may be provided by words, acts, encouragement, or support.6
ADD THE FOLLOWING IF RAISED BY THE EVIDENCE.7
[However, a person does not aid and abet if the person is only a bystander or spectator
and does nothing to assist or encourage the commission of a crime.]
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 1214 (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
0b7c4e655daf2a94ea6f52101a3b0be53a909e0734e922e38ba5d69924f249ab
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