Wis JI-Criminal 1240D

Statutory Definition of the Crime

Section 940.203 of the Criminal Code of Wisconsin is violated by one who

intentionally threatens to cause bodily harm to the (person) (family member) of a

(prosecutor) (law enforcement officer) where at the time of the threat the person knows 1

that the victim is a current or former [(prosecutor) (law enforcement officer)] [family

member of a (prosecutor) (law enforcement officer)], the threat is in response to an action

taken in the (prosecutor’s) (law enforcement officer’s) official capacity and there is no

consent by the person threatened.

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 six elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant threatened to cause bodily harm to (name of victim).

[A “threat” is an expression of intention to do harm and may be communicated

orally, in writing, or by conduct. This element requires a true threat. “True threat”

means that a reasonable person would interpret the threat as a serious expression

of intent to do harm, and the person making the statement is aware that others

could regard the statement as a threat and delivers it anyway. It is not necessary

that the person making the threat have the ability to carry out the threat. You must

consider all the circumstances in determining whether a threat is a true threat.]2

“Bodily harm” means physical pain or injury, illness, or any impairment of

physical condition.3

2. (Name of victim) was a [(prosecutor) (law enforcement officer)] [family member

of a (prosecutor) (law enforcement officer)].

[A (e.g., district attorney) is a prosecutor.]4

[A (insert title, e.g., sheriff) is a law enforcement officer.]5

[For the purpose of this offense, a (e.g., child) is a family member.]6

3. The defendant knew7 that (name of victim) was a [(prosecutor) (law enforcement

officer)] [family member of a (prosecutor) (law enforcement officer)].

4. The threat was in response to an action taken in the (prosecutor’s) (law

enforcement officer’s) official capacity.

(Prosecutors) (law enforcement officers) act in an official capacity when they

perform duties that they are employed8 to perform.9 [The duties of a

(prosecutor) (law enforcement officer) include:].10

5. The defendant threatened to cause bodily harm to (name of victim) without the

consent11 of (name of victim).

6. The defendant acted intentionally.12 This requires that the defendant acted with

the mental purpose to threaten bodily harm to (name of victim), or was aware that

his or her conduct was practically certain to cause that result, and knew that (name

of victim) did not consent to the causing of bodily harm.13

Deciding About Intent and Knowledge

You cannot look into a person’s mind to find intent or knowledge. Intent and

knowledge must be found, if found at all, from the defendant’s acts, words, and statements,

if any, and from all the facts and circumstances in this case bearing upon intent and

knowledge.

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all six elements of this offense

have been proved, you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.