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Wis JI-Criminal 1283B

Obtaining Information Generated by a Global Positioning Device

activein force · 2016-06-01 – presentas-observed

Statutory Definition of the Crime

Section 940.315(1)(b) of the Criminal Code of Wisconsin is violated by a person who

intentionally obtains information regarding another person's movement or location generated

by a global positioning device or a device equipped with global positioning technology that

has been placed without that person'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 four elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant obtained information regarding another person's movement or

location generated by [a global positioning device 1] [a device equipped with global

positioning technology].

2. The device was placed without the person's consent. 2

3. The defendant knew that the device was placed without the other person's consent. 3

4. The defendant acted intentionally. 4

This requires that the defendant acted with the purpose to obtain

information regarding another person's movement or location generated by [a

global positioning device] [a device equipped with global positioning

technology].

Deciding About Purpose and Knowledge

You cannot look into a person's mind to find purpose or knowledge. Purpose 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 purpose 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 1283B (2016). Release No. 54, 6/2016. © 2016, 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
0ce4d61823abd9aac95632021487bce64a19c40d613ddd8700efbd6ea00f28de
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