WI · jury_instructions
Wis JI-Criminal 1322
Endangering Safety by Use of a Dangerous Weapon: Intentionally Pointing a Firearm at Another
Statutory Definition of the Crime
Endangering safety by use of a dangerous weapon, as defined in § 941.20(1)(c) of the
Criminal Code of Wisconsin, is committed by one who intentionally points a firearm at or
toward another.
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 two elements were
present.
Elements of the Crime That the State Must Prove
1. The defendant pointed a firearm at or toward another.
The term "firearm" means a weapon that acts by the force of gunpowder. 1 It is
not necessary that the firearm was loaded or capable of being fired. 2
2. The defendant pointed the firearm at or toward another intentionally.
"Intentionally" means that the defendant was aware that (he) (she) was holding a
firearm and was aware that (he) (she) was pointing it at or toward another person. 3
Deciding About Intent
You cannot look into a person's mind to find intent. 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 intent.
Jury's Decision
If you are satisfied beyond a reasonable doubt that both 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 1322 (2005). Release No. 43, 5/2005. © 2005, 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
ff69dbc8c2873633cea882268ce59da579578665d1962f5f5ce1167026f6f911
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