Wis JI-Criminal 1400C

Statutory Definition of the Crime

Section 943.011 of the Criminal Code of Wisconsin is violated by one who

intentionally (causes) (threatens to cause) damage to any physical property owned by a

person who is or was a witness by reason of the owner having attended or testified as a

witness and without the owner’s consent.

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) (threatened to cause) damage to physical property that

belonged to (name of victim).

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

destruction.1

IF THE CASE INVOLVES CAUSING DAMAGE, ADD THE

FOLLOWING:

[“Cause” means that the defendant’s conduct was a substantial factor in

producing damage.]2

IF THE CASE INVOLVES A THREAT, ADD THE FOLLOWING:

[A “threat” is an expression of intention to do harm and may be communicated

orally, in writing, or by conduct. This element requires a true threat. “True threat”

means that a reasonable person would interpret the threat as a serious expression

of intent to do harm, and the person making the statement is aware that others

could regard the statement as threatening violence and delivers it anyway. It is not

necessary that the person making the threat have the ability to carry out the threat.

You must consider all the circumstances in determining whether a threat is a true

threat.]3

2. (Name of victim) was a witness.

[“Witness” means any person who has attended a proceeding to testify or who

has testified.]4

[A [insert proper term from the definition in § 940.41(3)] is a witness.]

3. The defendant (caused) (threatened to cause) damage to physical property owned

by (name of victim) because5 the person attended or testified as a witness.

4. The defendant (caused) (threatened to cause) damage to the property without the

consent6 of (name of victim).

5. The defendant acted intentionally.7 This requires that the defendant acted with the

mental purpose to (cause) (threaten to cause) damage to property owned by (name

of victim), or was aware that his or her conduct was practically certain to cause

that result, and knew that (name of victim) did not consent.8

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.