Wis JI-Criminal 1400B

THE FOLLOWING INSTRUCTION SHOULD BE GIVEN IMMEDIATELY

AFTER WIS JI-CRIMINAL 1400, CRIMINAL DAMAGE TO PROPERTY. 1

Determining Damage to Energy Provider Property

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

“Did the defendant commit the crime of criminal damage to property under all of the

following circumstances:

1) the property damaged was owned, leased, or operated by an energy provider;

and,

2) the defendant intended to or did cause substantial interruption or impairment of

any service or good provided by the energy provider.”

[A decommissioned nuclear power plant is an energy provider.] 2

If you are satisfied beyond a reasonable doubt that the defendant committed the

crime of criminal damage to property under all these circumstances, you should answer

the question “yes.”

If you are not so satisfied, you must answer the question “no.”