Wis JI-Criminal 1276

Statutory Definition of the Crime

Human trafficking, as defined in § 940.302 of the Criminal Code of Wisconsin, is

committed by one who knowingly engages in trafficking for the purpose of [labor or

services] [a commercial sex act] and does so by [CHOOSE ANY OF THE FOLLOWING

THAT APPLY]1

[causing or threatening to cause bodily harm to any individual.]

[causing or threatening to cause financial harm to any individual.]

[restraining or threatening to restrain any individual.]

[violating or threatening to violate a law.]

[destroying, concealing, removing, confiscating, or possessing, or threatening to

destroy, conceal, remove, confiscate, or possess, any actual or purported passport or

any other actual or purported official identification document of any individual.]

[extortion.]

[fraud or deception.]

[debt bondage.]2

[controlling or threatening to control any individual's access to an addictive controlled

substance.]

[using any scheme or pattern or other means to directly or indirectly coerce, threaten,

or intimidate any individual.]

[using or threatening to use force or violence on any individual.]

[causing or threatening to cause any individual to do any act against the individual's

will or without the individual's consent.]

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 knowingly engaged in trafficking.

“Trafficking” means that the defendant [(recruited) (enticed) (harbored)

(transported) (provided) (obtained)] [attempted to (recruit) (entice) (harbor)

(transport) (provide) (obtain)] (name of victim).3

2. The defendant (use the term selected in element 1.) (name of victim) for the

purpose of [labor or services] [a commercial sex act].4

[“Services” means activities performed by one individual at the request, under

the supervision, or for the benefit of another person.]5

[“Commercial sex act” means (sexual contact) (sexual intercourse) (sexually

explicit performance) (any conduct done for the purpose of sexual humiliation,

degradation, arousal, or gratification) for which anything of value is given to,

promised, or received, directly or indirectly, by any person.]6

3. The defendant engaged in trafficking by (use the term or terms selected in the

introductory paragraph).7

Deciding About Knowledge and Purpose

You cannot look into a person’s mind to find out knowledge and purpose. Knowledge

and purpose 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 knowledge and

purpose.

Jury’s Decision

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