Wis JI-Criminal 1392

Statutory Definition of the Crime

Invasion of privacy, as defined in § 942.08(2)(a) of the Criminal Code of Wisconsin,

is committed by one who knowingly installs a surveillance device in any private place, or

uses a surveillance device to observe in a private place, with the intent to observe any

nude or partially nude person without the consent of that person.

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

are present.

Elements of the Crime That the State Must Prove

1. The defendant knowingly (installed a surveillance device in a private place)

(used a surveillance device to observe in a private place). 1

2. The defendant intended to use the surveillance device to observe any nude or

partially nude person.

3. The defendant intended to observe a nude or partially nude person without the

consent of that person.

Meaning of “Surveillance Device”

“Surveillance device” means any device that can be used to observe activities of

another person. [It includes a peephole.] 2

Meaning of “Private Place”

“Private place” means a place where a person may reasonably expect to be safe from

being observed without his or her knowledge and consent. 3

Meaning of “Nude or Partially Nude Person”

“Nude or partially nude person” means [any human being who has less than fully and

opaquely covered genitals, pubic area or buttocks] [any female human being who has less

than a fully opaque covering over any portion of a breast below the top of the nipple]

[any male human being with covered genitals in a discernibly turgid state]. 4

Deciding About Intent and Knowledge

You cannot look into a person’s mind to find intent or 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 THE FOLLOWING IF THE OFFENSE WAS CHARGED AS A CLASS I

FELONY AND THERE IS EVIDENCE THAT THE VICTIM HAD NOT

ATTAINED THE AGE OF 18 YEARS AT THE TIME OF THE OFFENSE. 5

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

Was (name of victim) under the age of 18 years at the time of the offense?

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.”