Wis JI-Criminal 1335

USE THIS INSTRUCTION FOR CASES IN WHICH THERE IS NO

EVIDENCE OF ANY EXCEPTION TO THE APPLICABILITY OF SEC.

941.23. IF THERE IS EVIDENCE OF AN EXCEPTION, SEE WIS

JI-CRIMINAL 1335B.1

Statutory Definition of the Crime

Carrying a concealed weapon, as defined in § 941.23 of the Criminal Code of

Wisconsin, is committed by any person who carries a concealed and dangerous weapon.

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. The defendant carried2 a dangerous weapon.

“Carried” means went armed with.

2. The defendant was aware of the presence of the weapon.3

3. The weapon was concealed.

Meaning of “Went Armed”

The phrase “went armed” means that the weapon must have been either on the

defendant’s person or that the weapon must have been within the defendant’s reach.4

Meaning of “Dangerous Weapon”

“Dangerous weapon” means5

[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.]

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

calculated or likely to produce death or great bodily harm. “Great bodily harm” means

serious bodily injury.]

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

or incapacitate a person by the use of electric current.]

Meaning of “Concealed”

“Concealed” means hidden from ordinary observation. The weapon does not have to

be completely hidden.6

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.

If you are not so satisfied, you must find the defendant not guilty.