Wis JI-Criminal 1360

Statutory Definition of the Crime

Obstructing emergency medical personnel, as defined by § 941.37(3) of the Criminal

Code of Wisconsin, is committed by one who intentionally interferes with any emergency

medical personnel in the performance of duties relating to an emergency or rescue and who

has reasonable grounds to believe that the interference may endanger another's safety.

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 three elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant interfered with (identify appropriate category for the victim) 1 in the

performance of duties relating to an emergency or rescue.

(Identify appropriate category for the victim) are emergency medical

personnel. 2

"Interfere" means to delay, prevent, hinder, or impede.

2. The defendant intentionally interfered with (a) (an) (identify appropriate category

for the victim).

"Intentionally" means that the defendant acted with the purpose to interfere with

(a) (an) (identify appropriate category for the victim). 3 It also requires that the

defendant knew that the person was (a) (an) (identify appropriate category for the

victim) and knew that (he) (she) was performing duties relating to an emergency or

rescue. 4

3. The defendant had reasonable grounds to believe that the interference might

endanger the safety of another person.

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 all three 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.

ADD ONE OF THE FOLLOWING IF THE OFFENSE WAS CHARGED

AS A CLASS E FELONY AND THERE IS EVIDENCE THAT THE

PENALTY-INCREASING FACT IS PRESENT. 5

If you find the defendant guilty, you must answer the following question:

Did the defendant's violation contribute to the death of another person?

Before you may answer the question "yes," you must be satisfied beyond a

reasonable doubt that the answer is "yes."

If you are not so satisfied, you must answer the question "no."