WI · jury_instructions
Wis JI-Criminal 1399
Soliciting an Intimate or Private Representation
Statutory Definition of the Crime
Section 942.09(4) of the Criminal Code of Wisconsin is violated by a person who solicits
an intimate or private representation from a person who the actor believes or has reason to
believe has not attained the age of 18 years.
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 solicited an intimate or private representation from a person.
2. The defendant believed or had reason to believe that the person had not attained the
age of 18 years at the time of the alleged offense.
Meaning of "Representation"
"Representation" means a photograph, exposed film, motion picture, videotape,
recording, other visual or audio representation, or data that represents a visual image
or audio recording. 1
[Meaning Of "Intimate Representation"]
["Intimate representation" means (a representation of a nude or partially
nude person) (a representation of clothed, covered, or partially clothed or
covered genitalia or buttock that is not otherwise visible to the public) (a
representation of a person urinating, defecating, or using a feminine hygiene
product) (a representation of a person engaged in sexual intercourse or sexual
contact).] 2
[Meaning of "Private Representation"]
["Private representation" means a representation depicting a nude or partially
nude person or depicting a person engaging in sexually explicit conduct that is
intended by the person depicted in the representation to be captured, viewed, or
possessed only by the person who, with the consent of the person depicted, captured
the representation or to whom the person depicted directly and intentionally gave
possession of the representation.] 3
[Meaning of "Nude or Partially Nude Person"] 4
["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).]
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 1399 (2018). Release No. 56, 7/2018. © 2018, 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
d5bcdc921ec9208820767b212e95021abac8d7c8107d5f886e0ae3ec8186a712
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