WI · jury_instructions
Wis JI-Criminal 1401A
Criminal Damage to Religious or Cemetery Property
Statutory Definition of the Crime
Criminal damage to property, as defined in [§ 943.012(1)] [§ 943.012(2)] of the Criminal
Code of Wisconsin, is committed by one who intentionally causes damage 1 to [religious]
[cemetery] property2 of another person without the person'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 damage to property of another. 3
The word "damage" includes anything from mere defacement to total
destruction. 4
2. The defendant intentionally caused the damage.
The term "intentionally" requires that the defendant had the mental purpose to
damage the property or was aware that the conduct was practically certain to cause
that result. 5
3. The defendant caused the damage without the consent 6 of (name of owner, agent,
etc.).
4. The property was [religious] [cemetery] property.
["Religious property" means any church, synagogue, or other building,
structure, or place primarily used for religious worship or another religious
purpose.] 7
["Cemetery property" means any cemetery, mortuary, other facility used for
burial or memorializing the dead.] 8
5. The defendant knew the property was [religious] [cemetery] property, knew the
property belonged to another person, and knew that the other person did not consent
to the damage. 9
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.
History
Wis JI-Criminal 1401A (2003). Release No. 41, 4/2003. © 2003, 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
4b756d05f271711e5a988836d12399714e0aad188584965a19fbae2f3ae42fd9
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