Wis JI-Criminal 1344

Statutory Definition of the Crime

Section 941.29 of the Criminal Code of Wisconsin is violated by a person who

possesses a firearm if that person is subject to (an injunction issued under (§ 813.12) (§

813.122)) (a tribal injunction) (an order not to possess a firearm issued under (§

813.123(5m)) (§ 813.125(4m)).2

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.

A firearm is a weapon which acts by the force of gunpowder.3

[It is not necessary that the firearm was loaded or capable of being fired.]4

“Possess” means that the defendant knowingly5 had actual physical control of

a firearm.

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.

ADD THE FOLLOWING PARAGRAPHS THAT ARE SUPPORTED BY THE

EVIDENCE.7

[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 his or her possession, even though another person may

also have similar control.]

2. The defendant was subject to (an injunction issued under (§ 813.12) (§ 813.122))

(a tribal injunction) (an order not to possess a firearm issued under (§

813.123(5m)) (§ 813.125(4m)) before (date of offense).8

An injunction is a court order prohibiting specified conduct.9

[The parties have agreed that an injunction was issued to the defendant under

subsection ((§ 813.12) (§ 813.122)) (a tribal injunction) (an order not to possess a

firearm issued under (§ 813.123(5m)) (§ 813.125(4m)) before (date of offense)

and you must accept this as conclusively proved.]10

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.