Wis JI-Criminal 1380

Statutory Definition of the Crime

Defamation, as defined in § 942.01 of the Criminal Code of Wisconsin, is committed by

one who, with intent to defame, communicates any defamatory matter to a third person

without the consent of the person defamed.

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 (five) (six) 1

elements were present.

Elements of the Crime That the State Must Prove

1. The defendant communicated some information or matter about (name of defamed

person).

"Communicate" means to make something known, such as stating something,

writing something, or even drawing a picture of something. 2

2. This communication about (name of defamed person) was made to a third person.

The crime of defamation is not committed if the matter or information is

communicated only to the person allegedly defamed. 3

3. The information or matter communicated about (name of defamed person) was

defamatory matter.

"Defamatory matter" is anything which exposes a person to hatred, contempt,

ridicule, degradation or disgrace in society, or injury in business or occupation. 4

With respect to the crime of defamation, it is not necessary that the reputation of the

person defamed be actually harmed. It is necessary only that the matter or

information communicated tends to have a defamatory effect. 5

4. The defendant communicated this information or matter with the intent to defame

(name of defamed person).

The phrase "with the intent to" means that the defendant had the purpose to

defame (name of defamed person) or was aware that this conduct was practically

certain to cause that result. 6

5. (Name of defamed person) did not consent to the communication.

ADD THE FOLLOWING IF AN ORAL COMMUNICATION IS INVOLVED.

[6. Two other persons heard and understood the oral statement as defamatory.] 7

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.

ADD THE FOLLOWING IF THERE IS EVIDENCE OF THE EXCEPTION[S]

RECOGNIZED IN § 942.01(3): 8

[You must also consider whether the defamatory matter was true and was communicated

with good motives and for justifiable ends. The burden is on the State to satisfy you beyond

a reasonable doubt that the defamatory matter was not true or was not communicated with

good motives and for justifiable ends. 9]

[You must also consider whether the communication was privileged. A communication is

privileged when (describe the privilege). The burden is on the State to satisfy you beyond a

reasonable doubt that the communication was not privileged.]

Jury's Decision

If you are satisfied beyond a reasonable doubt that all (five) (six) 10 elements of this

offense have been proved [and that the defamatory matter was not true or was not

communicated with good motives and for justifiable ends] 11 [and that the communication

was not privileged], 12 you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.