Wis JI-Criminal 1322A

THIS INSTRUCTION IS DRAFTED FOR A CASE WHERE THE ALLEGED

VICTIM IS A LAW ENFORCEMENT OFFICER. THE STATUTE ALSO

APPLIES TO OFFENSES AGAINST FIRE FIGHTERS, EMERGENCY

MEDICAL SERVICES PRACTITIONERS, 1 EMERGENCY MEDICAL

RESPONDERS,2 AMBULANCE DRIVERS,3 AND COMMISSION WARDENS.4

SUBSTITUTE THE APPROPRIATE TERM AS REQUIRED.

Statutory Definition of the Crime

Endangering safety by use of a dangerous weapon, as defined in § 941.20(1m) of the

Criminal Code of Wisconsin, is committed by one who intentionally points a firearm at or

toward a law enforcement officer who is acting in an official capacity and who the person

knows or has reason to know is a law enforcement officer.

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 five elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant pointed a firearm at or toward (name of victim).

The term "firearm" means a weapon that acts by the force of gunpowder. 5 It is

not necessary that the firearm was loaded or capable of being fired. 6

2. The defendant pointed the firearm at or toward (name of victim) 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. 7

3. (Name of victim) was a law enforcement officer.

[A (insert title, e.g., sheriff) is a law enforcement officer.] 8

4. (Name of victim) was acting in an official capacity.

(Insert title, e.g., sheriffs) act in an official capacity if they perform duties that

they are employed to perform. A (insert title, e.g., sheriff) who performs acts for

personal reasons that are not within the responsibilities of a (insert title, e.g.,

sheriff) does not act in an official capacity. 9 (The responsibilities of a (insert title,

e.g., sheriff) include: _________________.) 10

5. The defendant knew or had reason to know that (name of victim) was a law

enforcement officer. 11

Deciding About Intent and Knowledge

You cannot look into a person's mind to find intent or knowledge. Intent and knowledge

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 or knowledge.

Jury's Decision

If you are satisfied beyond a reasonable doubt that all five 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.