Wis JI-Criminal 1400

Statutory Definition of the Crime

Criminal damage to property, as defined in § 943.01 of the Criminal Code of

Wisconsin, is committed by one who intentionally causes damage to the physical

property of another 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 five elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant caused damage to physical property.

The word “damage” includes anything from mere defacement to total

destruction. 1

2. The defendant intentionally caused the damage.

The term “intentionally” means that the defendant must have had the mental

purpose to damage the property or was aware that the conduct was practically

certain to cause that result. 2

3. The property belonged to (name of owner, agent, etc.). 3

4. The defendant caused the damage without the consent 4 of (name of owner, agent,

etc.).

5. The defendant knew the property belonged to another and knew that the property

owner did not consent to the damage. 5

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 five 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 FELONY OFFENSE IS CHARGED, AND

THE EVIDENCE WOULD SUPPORT A FINDING THAT THE PROPERTY

WAS REDUCED IN VALUE BY MORE THAN $2,500. 6

[Finding the Reduction in the Value of the Property]

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

“Was the property reduced in value by more than $2,500?”

Answer: “yes” or “no.”

“Reduced in value” means what it would cost to repair or replace the property,

whichever is less. 7 Before you may answer “yes,” you must be satisfied beyond a

reasonable doubt that the property was reduced in value by more than $2,500.]

ADD THE FOLLOWING FOR FELONY CASES INVOLVING DAMAGE TO

MORE THAN ONE ITEM OF PROPERTY “PURSUANT TO A SINGLE

INTENT AND DESIGN,” AS PROVIDED IN § 943.01(3). 8

[In determining the amount by which the value of the property was reduced, you may

consider all damage that you are satisfied beyond a reasonable doubt was caused by acts

of the defendant pursuant to a single intent and design.]