Wis JI-Criminal 1343D

Statutory Definition of the Crime

Section 941.29(1m) of the Criminal Code of Wisconsin is violated by a person who

possesses a firearm if that person [CHOOSE ONE OF THE FOLLOWING]2

[has been adjudicated delinquent for an act that, if committed by an adult in Wisconsin,

would be a felony.]

[has been found not guilty of a felony in Wisconsin by reason of mental disease or

defect.]

[has been found (not guilty of) (not responsible for) a crime elsewhere that would be

a felony in Wisconsin by reason of (insanity) (mental disease, defect, or illness).]

[has been committed for treatment under Wis. Stat. § 51.20 (13) (a) and is subject to

an order not to possess a firearm under § 51.20 (13) (cv) 1.]

[is subject to an order not to possess a firearm under § (51.20 (13) (cv) 1.) (51.45(13)

(i) 1.) (54.10 (3) (f) 1.) (55.12 (10) (a)).]3

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 firearm.

“Firearm” means a weapon which acts by the force of gunpowder.4

[It is not necessary that the firearm was loaded or capable of being fired.]5

“Possess” means that the defendant knowingly6 had actual physical control of

a firearm.7

Deciding About Knowledge8

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.

ADD THE FOLLOWING PARAGRAPHS THAT ARE SUPPORTED BY THE

EVIDENCE.

[An item is (also) in a person’s possession if it is in an area over which the

person has control and the person intends to exercise control over the item.]

[It is not required that a person own an item in order to possess it. What is

required is that the person exercise control over the item.]

[Possession may be shared with another person. If a person exercises control

over an item, that item is in their possession, even though another person may also

have similar control.]

2. The defendant, [CHOOSE ONE OF THE FOLLOWING].9

[before (date of offense), had been adjudicated delinquent for an act that would

be a felony in Wisconsin if committed by an adult.10

(Name of act), if committed by an adult in this state, would be a felony.)]

[before (date of offense), had been found not guilty of a felony in Wisconsin

due to mental disease or defect.]11

[before (date of offense), had been found (not guilty of) (not responsible for) a

crime elsewhere, which would be a felony in Wisconsin, due to (insanity)

(mental disease, defect, or illness).12

(Name of felony) is a felony in Wisconsin.]13

[had been committed for treatment under Wis. Stat. § 51.20 (13) (a) and was

subject to an order not to possess a firearm under § 51.20 (13) (cv) 1. on (date

of offense)]14

[was subject to an order not to possess a firearm under § (51.20 (13) (cv) 1.)

(51.45(13) (i) 1.) (54.10 (3) (f) 1.) (55.12 (10) (a)) on (date of offense)]15

[The parties have agreed that [CHOOSE ONE OF THE FOLLOWING],

and you must accept this as conclusively proved.]16

[before (date of offense), the defendant was adjudicated delinquent for

an act that would be a felony in Wisconsin if committed by an adult]

[before (date of offense), the defendant was found not guilty of a felony

in Wisconsin due to mental disease or defect]

[before (date of offense), the defendant was found (not guilty of) (not

responsible for) a crime elsewhere, which would be a felony in Wisconsin,

due to (insanity) (mental disease, defect, or illness)]

[on (date of offense), the defendant was committed for treatment under

s. 51.20 (13) (a) and was subject to an order not to possess a firearm]

[on (date of offense), the defendant was subject to an order not to

possess a firearm under § 51.20 (13) (cv) 1., 51.45(13) (i) 1., 54.10 (3) (f)

1., or 55.12 (10) (a).]

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.