WI · jury_instructions
Wis JI-Criminal 1401B
Criminal Damage to Facilities Associated with Designated Groups
Statutory Definition of the Crime
Criminal damage to property, as defined in § 943.012(3) of the Criminal Code of
Wisconsin, is committed by one who intentionally causes damage 1 to property of another
person without the person's consent, where the property is a school, educational facility, or
community center publicly identified as associated with a group of persons of a particular
race, religion, color, disability, sexual orientation, national origin, or ancestry, or by an
institution of any such group.
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. 2
The word "damage" includes anything from mere defacement to
total destruction. 3
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. 4
3. The defendant caused the damage without the consent 5 of (name of owner, agent,
etc.).
4. The property was a (school) (educational facility) (community center) publicly
identified as associated with a group of persons of a particular (race) (religion)
(color) (disability) (sexual orientation) (national origin or ancestry) (or by an
institution of any such group).
5. The defendant knew the property belonged to another person, knew that the other
person did not consent to the damage, and knew that the property was a (school)
(educational facility) (community center) publicly identified as associated with a
group of persons of a particular (race) (religion) (color) (disability) (sexual
orientation) (national origin or ancestry) (or by an institution of any such group). 6
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 1401B (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
0d6edb5adde10533697081c2bdbef1fc4451b4721bd082876dece62bfc83d817
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