Wis JI-Criminal 1365

Statutory Definition of the Crime

Section 941.375 of the Criminal Code of Wisconsin is violated by one who throws or

expels a bodily substance1 at or toward a (public safety worker) (prosecutor) under the

following circumstances:

• the person intends that the bodily substance come into contact with the (public

safety worker) (prosecutor); and,

• the (public safety worker) (prosecutor) does not consent to the substance being

thrown or expelled at or toward (him) (her).

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. (Name of victim) was a (public safety worker)2 (prosecutor).3

[“Public safety worker” means (an emergency medical services practitioner

licensed under § 256.15) (an emergency medical responder certified under

§ 256.15(8)) (a peace officer) (a firefighter) (a person operating or staffing an

ambulance).4]

[A (e.g., district attorney) is a prosecutor.5]

2. The defendant threw or expelled a bodily substance at or toward (name of

victim) with the intent that the bodily substance come into contact with (name of

victim).6

(Identify substance) is a bodily substance.7

3. (Name of victim) did not consent to the substance being thrown or expelled at or

toward (him) (her).8

Deciding About Intent

You cannot look into a person’s mind to find intent. Intent 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.

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.