Wis JI-Criminal 1297

Statutory Definition of the Crime

Intimidation of a victim, as defined in § 940.44(2) 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 another person who has been the victim of any crime

from causing a complaint, indictment, or information to be sought and prosecuted or

assisting in the prosecution thereof.

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 victim of a crime.

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

attempted in this state.2

In this case, it is alleged that (name of 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).3 Before you may find the defendant guilty of intimidation

of a victim, you must be satisfied beyond a reasonable doubt that (name of victim)

was the victim of (name of crime).

2. The defendant (prevented) (dissuaded)4 (attempted to prevent) (attempted to

dissuade) (name of victim) from [causing a (complaint) (indictment) (information)

to be sought] (or) [causing a (complaint) (indictment) (information) to be

prosecuted] (or) [assisting in the prosecution of a (complaint) (indictment)

(information)].5

3. The defendant acted knowingly and maliciously.6

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

and 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. They 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.7

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”].8

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:9

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)10 of (name of victim)]?”]

[FOR CHARGES UNDER SUB. (2)]

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

victim)] [(identify relative)11 of (name of victim)]?”]

[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)?”]12

[FOR CHARGES UNDER SUB. (4)]

[“Was the defendant’s act in furtherance of any conspiracy?”]13

[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)]14

[“Was the underlying crime an act of domestic abuse15 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.”