WI · jury_instructions
Wis JI-Criminal 1216
Second Degree Sexual Assault: Sexual Contact by a Correctional Staff Member - 940.225(2)(h)
Statutory Definition of the Crime
Second-degree sexual assault, as defined in § 940.225(2)(h) of the Criminal Code of
Wisconsin, is committed by a correctional staff member who has sexual contact—meaning
contact undertaken with intent to (cause bodily harm) (become sexually aroused or
gratified) (sexually degrade or humiliate)—with an individual who is confined in a
correctional institution.
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 a correctional staff member.
“Correctional staff member” means an individual who works at a correctional
institution [and includes a volunteer].1
2. The defendant had sexual contact with (name of victim).2
Consent to sexual contact is not a defense.3
“Sexual contact” is defined as (insert the applicable definition set forth in Wis
JI–Criminal 1200A).4
3. 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)).5
4. (Name of victim) was confined in a correctional institution.
(Name institution) is a correctional institution.6
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 1216 (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
1770ab47621911016a0f438fd36045bd3b8243204db1815e6e3e398dbc5ae408
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