Wis JI-Criminal 1279

Statutory Definition of the Crime

Benefiting from human trafficking, as defined in § 940.302(2)(b) of the Criminal Code

of Wisconsin, is committed by one who benefits in any manner from a violation of §

940.302(2)(a) and knows or reasonably should have known that the benefits come from or

are derived from an act or scheme described in § 940.302(2)(a).

A violation of § 940.302(2)(a) occurs when a person knowingly engages in trafficking1

for the purpose of (labor or services) (a commercial sex act) and does so by [CHOOSE

ONE OF THE FOLLOWING]2

[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.]3

[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 five elements

were present.

Elements of the Crime That the State Must Prove

1. A person4 knowingly engaged in trafficking.

“Trafficking” means that (trafficker) [(recruited) (enticed) (harbored)

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

(transport) (provide) (obtain)] (name of victim).5

2. The trafficking was for the purpose of (labor or services) (a commercial sex act).6

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

the supervision, or for the benefit of another person.]7

[“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.]8

3. The trafficking was accomplished by (use the term or terms selected in the

introductory paragraph).9

4. The defendant benefited from the (name the violation of § 940.302(2)(a)).

5. The defendant knew or reasonably should have known that the benefits came from

or were derived from an act or scheme of trafficking.

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 five 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.