WI · jury_instructions
Wis JI-Criminal 1248
Sexual Exploitation by Therapist
Statutory Definition of the Crime
Sexual exploitation by a therapist, as defined in § 940.22 of the Criminal Code of
Wisconsin, is committed by one who is or holds himself or herself out to be a therapist and
who intentionally has sexual contact with a patient or client during any ongoing therapist-patient or therapist-client relationship.
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 1 elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant (was) (held (himself) (herself) out to be) a therapist.
"Therapist" 2 means a person who performs or purports to perform
psychotherapy. 3
To be considered a therapist, it is not necessary that a person be licensed or
certified by the state.
ADD THE FOLLOWING IF THERE IS EVIDENCE THAT THE
DEFENDANT IS A MEMBER OF A PROFESSION LISTED IN
§ 940.22(1)(I):
["Therapist" may include a ________________ if that person performs or
purports to perform psychotherapy.] 4
2. (Name of victim) was a (patient) (client) of the defendant.
3. The defendant intentionally had sexual contact with (name of victim).
REFER TO WIS JI-CRIMINAL 1200A FOR DEFINITION OF "SEXUAL
CONTACT" AND INSERT THE APPROPRIATE DEFINITION HERE.
4. The sexual contact occurred during an ongoing therapist-patient or therapist-client relationship.
It is not required that the sexual contact took place during an actual treatment
session, consultation, interview, or examination. 5 It is sufficient if a therapist-patient or therapist-client relationship existed between the defendant and (name of
victim) when the sexual contact occurred.
You should consider all the circumstances in determining whether a therapist-patient or therapist-client relationship existed. 6
Whether or not (name of victim) consented to sexual contact is not an issue in
this case. 7
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 four 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.
History
Wis JI-Criminal 1248 (2006). Release No. 44, 5/2006. © 2006, Regents, Univ. of Wis. 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
403084471be2fe06a6cef7e9c15c0137e25ad6c7712159779a8f373379cf0f1b
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