Wis JI-Criminal 1338

Statutory Definition of the Crime

Section 941.237 of the Criminal Code of Wisconsin is violated by one who

intentionally goes armed with a handgun on any premises licensed for the sale and

consumption of alcohol beverages.1

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 went armed with a handgun.

The phrase “went armed” means that a firearm must have been on the

defendant’s person or that a firearm must have been within the defendant’s reach.2

In addition, the defendant must have been aware of the presence of the firearm.3

[“Handgun” means any weapon designed or redesigned, or made or remade,

and intended to be fired while held in one hand and to use the energy of an

explosive to expel a projectile through a smooth or rifled bore.]4

2. The defendant went armed with a handgun on a premises licensed for the sale and

consumption of alcohol beverages.5

3. The defendant acted intentionally.

This requires that the defendant knew that (he) (she) was armed with a handgun

and knew that the premises was licensed for the sale and consumption of alcohol

beverages.6

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 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 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.