Wis JI-Criminal 1339

Statutory Definition of the Crime

Section 175.60(16) of the Wisconsin Statutes provides that it is unlawful for any

(licensee) (out-of-state licensee) to knowingly carry (a concealed weapon) (a weapon that

is not concealed) (a firearm that is not a weapon) in a place where carrying a weapon is

prohibited.

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 was (a licensee) (an out-of-state licensee).

(“Licensee” means an individual holding a valid license to carry a concealed

weapon issued under section 175.60 of the Wisconsin Statutes.)1

(“Out-of-state licensee” means an individual who is 21 years of age or over,

who is not a Wisconsin resident, and who has been issued an out-of-state license

to carry a concealed weapon.)2

2. The defendant knowingly carried (a concealed weapon) (a weapon that is not

concealed) (a firearm that is not a weapon).

“Carried” means “went armed with.”3

The phrase “went armed” means that the (weapon) (firearm) must have been

either on the defendant’s person or that the (weapon) (firearm) must have been

within the defendant’s reach.4

“Knowingly” requires that the defendant knew the (weapon) (firearm) was on

(his) (her) person or within (his) (her) control.

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

have to be completely hidden.]5

[“Weapon” means (a handgun) (an electric weapon) (a knife other than a

switchblade knife) (a billy club).]6

FOR CASES INVOLVING “A FIREARM THAT IS NOT A

WEAPON,” ADD THE FOLLOWING.

[“A firearm that is not a weapon” means a firearm other than a handgun.

“Firearm” means a device that acts by the force of gunpowder.]7

3. The defendant carried the (concealed weapon) (weapon that was not concealed)

(firearm that was not a weapon) in (specify a place listed in § 175.60(16)(a) 1.

through 8.).8

Deciding About Knowledge

You cannot look into a person’s mind to determine knowledge. 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 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.