Wis JI-Criminal 1328

Statutory Definition of the Crime

Disarming a peace officer, as defined in § 941.21 of the Criminal Code of Wisconsin, is

committed by one who intentionally disarms a peace officer who is acting in an official

capacity by taking a dangerous weapon 1 from the officer without consent.

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. (Name of victim) was a peace officer.

[A (insert title, e.g., – "sheriff ") is a peace officer.] 2

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

(Insert title, e.g., – "sheriffs") 3 act in an official capacity when they perform

duties that they are employed to perform. 4 [The duties of a (insert title, e.g., –

"sheriff") include: ___________________.] 5

3. The defendant disarmed (name of victim) by taking a dangerous weapon from

(him) (her).

(This applies to any dangerous weapon that the officer was carrying or that was

in an area within the officer's immediate presence.) 6

4. (Name of victim) did not consent to the taking of the dangerous weapon.

5. The defendant committed the acts intentionally.

"Intentionally" requires that the defendant acted with the mental purpose of

taking the dangerous weapon from a peace officer. 7 It further requires that the

defendant knew that (name of victim) was a peace officer acting in an official

capacity and knew that (name of victim) did not consent to the taking of the

dangerous weapon. 8

Meaning of "Dangerous Weapon"

"Dangerous weapon" means 9

[any firearm, whether loaded or unloaded. A firearm is a weapon that acts by force of

gunpowder.]

[any device designed as a weapon and capable of producing death or great bodily harm.

"Great bodily harm" means serious bodily injury. 10]

[any device or instrumentality which, in the manner it is used or intended to be used, is

likely to produce death or great bodily harm. "Great bodily harm" means serious bodily

injury. 11] 12

[any electric weapon. An electric weapon is a device designed or used to immobilize or

incapacitate a person by the use of electric current.]

Deciding About Intent and Knowledge

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