Wis JI-Criminal 1296A

Statutory Definition of the Crime

Intimidation of a person acting on behalf of a victim, as defined in § 940.44 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 a person who is acting

on the behalf of the victim of any crime from making any report of the victimization to any

peace officer or law enforcement agency.2

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. (Name of victim)3 was a victim of a crime.

“Victim” means a person against whom a crime has been committed or

attempted in this state.4

In this case, it is alleged that (name of crime victim) was a victim of (name of

crime). (Name of crime), as defined in § of the Criminal Code of Wisconsin,

is committed by one who (refer to the uniform criminal jury instruction for a

definition of the crime).5 Before you may find the defendant guilty of intimidation

of a person acting on behalf of a victim, you must be satisfied beyond a reasonable

doubt that (name of crime victim) was the victim of (name of crime).

2. (Name of person acting on behalf of crime victim)6 was acting on behalf of (name

of crime victim).

3. The defendant (prevented) (dissuaded)7 (attempted to prevent) (attempted to

dissuade) (name of person acting on behalf of crime victim) from reporting the

crime to any law enforcement agency.8

4. The defendant acted knowingly and maliciously.9

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

a crime and knew that (name of person acting on behalf of crime victim) was

acting on behalf of (name of crime victim). This also requires that the defendant

(acted with the intent to injure or annoy another) (or) (acted with an intent to

interfere with the orderly administration of justice).

Deciding About Knowledge and Intent

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

intent 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

intent.10

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 [and answer the following question

“yes” or “no”].11

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 § 940.45 IS ESTABLISHED:12

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 victim)] [(identify relative)13 of (name of victim)]?”]14

[FOR CHARGES UNDER SUB. (2)]

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

victim)] [(identify relative)15 of (name of victim)]?”]16

[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 § 940.45)?”]17

[FOR CHARGES UNDER SUB. (4)]

[“Was the defendant’s act in furtherance of any conspiracy?”]18

[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)]19

[“Was the underlying crime an act of domestic abuse20 or one subject to a domestic

abuse surcharge?”21]

[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.”