Wis JI-Criminal 1241B

Statutory Definition of the Crime

Section 940.203(3) of the Criminal Code of Wisconsin is violated by one who

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

ad litem) (a corporation counsel) (a tribal court advocate) (an attorney) where at the time

of the threat the person knows1 that the victim is [(a guardian ad litem) (a corporation

counsel) (a tribal court advocate) (an attorney)] [a family member of (a guardian ad litem)

(a corporation counsel) (a tribal court advocate) (an attorney)], the threat is in response to

an action taken in the (guardian ad litem’s) (corporation counsel’s) (tribal court advocate’s)

(attorney’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 [current or former (guardian ad litem)4 (corporation

counsel)5 (tribal court advocate)6 (attorney)7] [family member of a current or

former (guardian ad litem) (corporation counsel) (tribal court advocate)

(attorney)].

[For the purpose of this offense, a (e.g., child) is a family member.]8

3. The defendant knew9 that (name of victim) was [(a guardian ad litem) (a

corporation counsel) (a tribal court advocate) (an attorney)] [a family member of

(a guardian ad litem) (a corporation counsel) (a tribal court advocate) (an

attorney)].

4. The threat was in response to an action taken in the current or former (guardian ad

litem’s) (corporation counsel’s) (tribal court advocate’s) (attorney’s) official

capacity in a

[specify the proceeding under Wisconsin statutes chapter _____] [specify the

proceeding in a tribal court similar to Wisconsin statutes chapter ______.]10

(Guardians ad litem) (Corporation counsel) (Tribal court advocates)

(Attorneys) act in an official capacity when they perform duties that they are

employed11 to perform.12 [The duties of (a guardian ad litem) (a corporation

counsel) (a tribal court advocate) (an attorney) include: _________].13

[A ____________ is a proceeding under chapter (specify the Wisconsin

Statutes chapter)].14

[A _____________ is a proceeding in a tribal court.]15

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

consent16 of (name of victim).

6. The defendant acted intentionally.17 This requires that the defendant acted with

the mental purpose to threaten bodily harm to another human being, 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.18

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 case this 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.