Wis JI-Criminal 1219

Statutory Definition of the Crime

Fourth degree sexual assault, as defined in § 940.225(3m) of the Criminal Code of

Wisconsin, is committed by one who has sexual contact with another person

without consent—meaning contact undertaken with intent to (cause bodily harm to that

person) (become sexually aroused or gratified) (sexually degrade or humiliate that person).

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 contact with (name of victim).

“Sexual contact” is defined as (insert the applicable definition set forth in Wis

JI–Criminal 1200A).1

2. 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)).2

3. (Name of victim) did not consent to the sexual contact.

FOR SEXUAL CONTACT INVOLVING THE VICTIM BEING

CAUSED OR ALLOWED TO TOUCH THE DEFENDANT:

[Sexual contact is an intentional touching by (name of victim) of the (name intimate

part)3 of the defendant, if the defendant intentionally caused4 (name of victim) to do that

touching. The touching may be of the (name intimate part) directly or it may be through

the clothing.

Deciding About Intent

You cannot look into a person’s mind to find intent. Intent must be found, if found at

all, from the defendant’s acts, words, and statements, if any, and from all the facts and

circumstances bearing upon intent.

Meaning of “Did Not Consent”5

“Did not consent” means that (name of victim) did not freely agree to have sexual

contact with the defendant. In deciding whether (name of victim) did not consent, you

should consider what (he) (she) said and did, along with all the other facts and

circumstances. This element does not require that (name of victim) offered physical

resistance.6

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all three elements of fourth 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.