Wis JI-Criminal 1292

Statutory Definition of the Crime

Intimidation of a witness, as defined in § 940.42 of the Criminal Code of Wisconsin,

is committed by one who knowingly and maliciously prevents or dissuades (or who

attempts to so prevent or dissuade) 1 any witness from attending or giving testimony at

any trial, proceeding, or inquiry authorized by law.

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. (Name of victim) was a witness.

“Witness” means any person who has been called to testify or who is

expected to be called to testify. 2

2. The defendant (prevented) (dissuaded) 3 (attempted to prevent) (attempted to

dissuade) (name of victim) from attending or giving testimony at a proceeding

authorized by law.

(A (name of proceeding) is a proceeding authorized by law.) 4

3. The defendant acted knowingly and maliciously. 5

This requires that the defendant knew (name of victim) was a witness and

that the defendant acted with the purpose to prevent (name of victim) from

(attending) (testifying).

Deciding About Knowledge and Purpose

You cannot look into a person's mind to find 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. 6

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 [and answer the following

question “yes” or “no”]. 7

If you are not so satisfied, you must find the defendant not guilty.

ADD ONE OF THE FOLLOWING QUESTIONS IF A FELONY OFFENSE IS

CHARGED AND THE EVIDENCE WOULD SUPPORT A FINDING THAT A

PENALTY FACTOR SET FORTH IN § 940.43 IS ESTABLISHED: 8

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

[FOR CHARGES UNDER SUB. (1)]

[“Was the defendant's act accompanied by (attempted) force or violence upon [(name

of witness)] [(identify relative) 9 of (name of witness)]?”]

[FOR CHARGES UNDER SUB. (2)]

[“Was the defendant's act accompanied by damage to the property of [(name of

witness)] [(identify relative) 10 of (name of witness)]?”]

[FOR CHARGES UNDER SUB. (3)]

[“Was the defendant's act accompanied by any express or implied threat of (name

harm described in sub. (1) or (2) of § 940.43)?”] 11

[FOR CHARGES UNDER SUB. (4)]

[“Was the defendant's act in furtherance of any conspiracy?”] 12

[FOR CHARGES UNDER SUB. (5)]

[“Does the defendant have a prior conviction for (a violation under §§ 940.42 to

940.45) (an act which, if committed in this state, would be a violation under §§ 940.42 to

940.45)?”]

[FOR CHARGES UNDER SUB. (6)]

[“Did the defendant commit the act for monetary gain or for any other consideration

acting on the request of any other person?”]

[FOR CHARGES UNDER SUB. (7)] 13

[Did the defendant commit the act in connection with a trial, proceeding, or inquiry

in a felony case in which he was charged?]

[FOR CHARGES UNDER SUB. (8)] 14

[Was the proceeding a criminal trial where the crime charged was an act of domestic

abuse 15 or one subject to a domestic abuse surcharge?] 16

[CONTINUE WITH THE FOLLOWING IN ALL FELONY CASES:]

If you are satisfied beyond a reasonable doubt that (repeat the question), you should

answer the question “yes.”

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