Wis JI-Criminal 1217A

Statutory Definition of the Crime

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

Wisconsin, is committed by a licensee, employee, or nonclient resident of an entity who

has sexual contact with a client of the entity—meaning contact undertaken with intent to

(cause bodily harm to the client) (become sexually aroused or gratified) (sexually degrade

or humiliate the client).

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 (licensee) (employee) (nonclient resident)1 of an entity.

2. 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

Consent to sexual contact is not a defense.3

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)).4

4. (Name of victim) was a client of the entity.

“Client” means an individual who receives direct care or treatment services

from an entity.5

Meaning of “Entity”

“Entity” means ________________________.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.