Wis JI-Criminal 1342

Statutory Definition of the Crime

Section 941.28 of the Criminal Code of Wisconsin is violated by one who possesses a

short-barreled (rifle) (shotgun).

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 two elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant possessed a (rifle)2 (shotgun).3

“Possess” means that the defendant knowingly4 had actual physical control5 of

a (rifle) (shotgun).

Deciding About Knowledge6

You cannot look into a person’s mind to find 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.

2. The (rifle) (shotgun) was short-barreled.7

[“Short-barreled rifle” means a rifle having one or more barrels having a length

of less than 16 inches measured from closed breech or bolt face to muzzle or a

rifle having an overall length of less than 26 inches.]8

[“Short-barreled shotgun” means a shotgun having one or more barrels having

a length of less than 18 inches measured from closed breech or bolt face to muzzle

or a shotgun having an overall length of less than 26 inches.]9

Jury’s Decision

If you are satisfied beyond a reasonable doubt that both 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.