Wis JI-Criminal 1255

Statutory Definition of the Crime

Section 940.235 of the Criminal Code of Wisconsin is violated by one who

intentionally impedes the normal breathing or circulation of blood by applying pressure on

the throat or neck or by blocking the nose or mouth of another 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 two elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant impeded the normal breathing or circulation of blood by applying

pressure on the throat or neck or by blocking the nose or mouth of (name of

victim).

2. The defendant did so intentionally.

This requires that the defendant acted with the mental purpose to impede

normal breathing or circulation of blood or was aware that (his) (her) conduct was

practically certain to cause that result.1

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 in this case bearing upon intent.

Jury’s Decision

If you are satisfied beyond a reasonable doubt that both 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.

ADD THE FOLLOWING QUESTION IF THE DEFENDANT HAS A

PREVIOUS CONVICTION UNDER § 939.632(1)(e)1 AND THE

EVIDENCE WOULD SUPPORT A FINDING THAT THE FACTOR IS

ESTABLISHED2

If you find the defendant guilty, you must answer the following question(s):

[Did the defendant have a previous conviction for (identify the crime)3 ?]

Before you may answer “yes,” you must be satisfied beyond a reasonable doubt that

the answer to that question is “yes.”

If you are not so satisfied, you must answer the question “no.”