Wis JI-Criminal 1284A

ADD ONE OF THE FOLLOWING QUESTIONS TO WIS JI-CRIMINAL 1284

IF ONE OF THE PENALTY FACTORS SET FORTH IN SUBS. (2m) OR (3) IS

CHARGED AND THE EVIDENCE WOULD SUPPORT A FINDING THAT

THE FACTOR IS ESTABLISHED.1

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

FOR CHARGES UNDER SUB. (2m)(a)

[Did the defendant have a previous conviction for (identify the crime)2?]

FOR CHARGES UNDER SUB. (2m)(b)

[Did the defendant have a previous conviction for a crime?

Was the victim of that crime the victim of the crime in this case?

Did the crime in this case occur within 7 years after the previous conviction?]3

FOR CHARGES UNDER SUB. (2m)(c)

[Did the defendant intentionally (gain access to) (cause another person to gain access

to) a record in electronic format that contained personally identifiable information

regarding the victim in order to facilitate the crime in this case?]3

FOR CHARGES UNDER SUB. (2m)(d)

[Did the defendant violate [§ 968.31(1)] [§ 968.34(1)] in order to facilitate the crime

in this case? Section [968.31(1)] [968.34(1)] is violated by one who (define the alleged

crime).]4

FOR CHARGES UNDER SUB. (2m)(e)

[Was (name of victim) under the age of 18 years at the time of the crime?]

FOR CHARGES UNDER SUB. (3)(a)

[Did the act result in bodily harm to [(name of victim)] [a member of (name of

victim)’s (family)5 (household)6]?

“Bodily harm” means physical pain or injury, illness, or any impairment of physical

condition.7]

FOR CHARGES UNDER SUB. (3)(b)

[Did the defendant have a previous conviction for (identify the crime)8?]

Was the victim of that crime the victim of the crime in this case?

Did the crime in this case occur within 7 years after the previous conviction?]

FOR CHARGES UNDER SUB. (3)(c)

[Did the defendant use a dangerous weapon in carrying out an act of (identify act listed

in sub. (1)(a)1. to 9.)?

“Dangerous weapon” means (see Wis JI-Criminal 910).]

CONTINUE WITH THE FOLLOWING IN ALL CASES

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.”