WI · jury_instructions
Wis JI-Criminal 1217E
Second-degree sexual assault: sexual intercourse by a law enforcement officer with a person detained or in custody - 940.225(2)(k)
Statutory Definition of the Crime
Second-degree sexual assault, as defined in § 940.225(2)(k) of the Criminal Code of
Wisconsin, is committed by a law enforcement officer who has sexual intercourse with any
person who (is detained by any law enforcement officer, as provided under s. 968.24) (is
in the custody of any law enforcement officer).
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 was a law enforcement officer.
“Law enforcement officer” means any person employed by the state or any
political subdivision of the state, for the purpose of detecting and preventing crime
and enforcing laws or ordinances and who is authorized to make arrests for
violations of the laws or ordinances that the person is employed and sworn to
enforce. [“Law enforcement officer” includes a university police officer, as
defined in s. 175.42 (1) (b)].1
2. 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
Consent to sexual intercourse is not a defense.3
3. (Name of victim) was (detained by any law enforcement officer, as provided under
s. 968.24) (in the custody of any law enforcement officer).
This applies (whether the custody is lawful or unlawful) (whether the
detainment or custody is actual or constructive).4
[Section 968.24 provides that after having identified himself or herself as a law
enforcement officer, a law enforcement officer may stop a person in a public place
for a reasonable period of time when the officer reasonably suspects that such
person is committing, is about to commit or has committed a crime, and may
demand the name and address of the person and an explanation of the person's
conduct. Such detention and temporary questioning shall be conducted in the
vicinity where the person was stopped.]5
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 1217E (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
372faf463693d55b23525ea09ecac12e1800fe02cd79ad7167701703f29a39f0
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