WI · jury_instructions
Wis JI-Criminal 1214A
Second-degree sexual assault: sexual intercourse 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 intercourse with another 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 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).2
2. (Name of victim) did not consent to the sexual intercourse.
3. The defendant was aided and abetted by one or more other persons.
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
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 intercourse 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.5
ADD THE FOLLOWING IF RAISED BY THE EVIDENCE.6
[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 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 1214A (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
aaf4fdbfc2276c79aa305093084bac7a46ba53ea50cfab7ec121ed139af46611
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