WI · jury_instructions
Wis JI-Criminal 1351A
Possession of an Improvised Explosive Device
Statutory Definition of the Crime
Possession of an improvised explosive device, as defined in § 941.31(2) of the Criminal
Code of Wisconsin, is committed by one who possesses 1 any improvised explosive device.
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 device.
"Possessed" means that the defendant knowingly2 had the device under (his)
(her) actual physical control.
ADD THE FOLLOWING PARAGRAPHS THAT ARE SUPPORTED BY
THE EVIDENCE. 3
[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 possession, even though another person
may also have similar control.]
2. The device was an improvised explosive device. 4 This requires:
• that the device was explosive; that is, that it contained some type of explosive
material 5 and a means of detonating that material; and
• that the device was destructive; that is, that it was capable of causing bodily
harm or damage to property; and
• that the device was improvised; that is, that it was made by a person not engaged
in the legitimate manufacture or use of explosives (or otherwise authorized by
law to do so). 6
["Improvised explosive device" does not include ammunition for any rifle,
pistol, or shotgun.] 7
Deciding About Knowledge
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.
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.
History
Wis JI-Criminal 1351A (2008). Release No. 46, 5/2008. © 2008, Regents, Univ. of Wis. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
f3924730b2a62d959988da82e84260cf02a048ffef3c9ce05bc08f05e100f6fe
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