WI · jury_instructions
Wis JI-Criminal 1323
Endangering Safety by Use of a Dangerous Weapon: Discharging a Firearm Within 100 Yards of Building
Statutory Definition of the Crime
Endangering safety by use of a dangerous weapon, as defined in § 941.20(1)(d) of the
Criminal Code of Wisconsin, is committed by one who while on the lands of another
discharges a firearm within 100 yards of any building devoted to human occupancy situated
on and attached to the lands of another without the express permission of the owner or
occupant of the building.
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. The defendant discharged a firearm.
The term "firearm" means a weapon that acts by the force of gunpowder. 1 To
"discharge a firearm" simply means to shoot a gun.
2. The defendant shot the gun while on lands belonging to someone else.
3. The defendant shot the gun within 100 yards of a building 2 devoted to human
occupancy and situated on and attached to the lands of another.
4. The defendant shot the gun without the express permission of the (owner)
(occupant) of the building.
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.
If you are not so satisfied, you must find the defendant not guilty.
History
Wis JI-Criminal 1323 (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
2d32b8e6af565ad7322bd8a65f3c4b32ced31b3af8af2327c4f80857f765759a
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