WI · jury_instructions
Wis JI-Criminal 1351B
Possession of Materials or Components with Intent to Assemble an Improvised Explosive Device
Statutory Definition of the Crime
Section 941.31(2) of the Criminal Code of Wisconsin is violated by a person who
possesses materials or components with intent to assemble an 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 materials or components.
"Possessed" means that the defendant knowingly1 had actual physical control of
materials or components.
ADD THE FOLLOWING PARAGRAPHS THAT ARE SUPPORTED BY
THE EVIDENCE. 2
[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 defendant possessed materials or components with intent to assemble an
improvised explosive device. 3
An "improvised explosive device" requires:
• that the device was explosive; that is, that it contained some type of
explosive material 4 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). 5
["Improvised explosive device" does not include ammunition for any rifle,
pistol, or shotgun.] 6
Deciding About Intent and Knowledge
You cannot look into a person's mind to find intent and knowledge. Intent and
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 intent and 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 1351B (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
09f0342f9df4ef3343aa43608a9e379a70baa81178f6601e97da801fbcdea98b
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