WI · jury_instructions
Wis JI-Criminal 1215A
Second-degree sexual assault: sexual intercourse with a patient or resident - 940.225(2)(g)
Statutory Definition of the Crime
Second-degree sexual assault, as defined in § 940.225(2)(g) of the Criminal Code of
Wisconsin, is committed by one who is an employee of a (type of facility or program)1 and
has sexual intercourse with a (patient) (resident) of that (facility) (program).
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 was an employee of (name of facility or program)2.
2. (Name of victim) was a (patient)3 (resident)4 of (name of facility or program)5.
3. (Name of facility or program) was (an adult family home) (a community based
residential facility) (an inpatient health care facility) (a state treatment facility)6.
(Name alternative selected) is (specify the part of the statutory definition that
applies).7
4. The defendant had sexual intercourse with (name of victim).
Consent to sexual intercourse is not a defense.8
“Sexual intercourse” is defined as (insert the applicable definition set forth in
Wis JI–Criminal 1200B).9
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 1215A (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
7a2cba73cf51e00d837651c99da874a6b178fbec98bc822d11aeab0952a1548b
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