Wis JI-Criminal 1402B

Statutory Definition of the Crime

Section 943.015 of the Criminal Code of Wisconsin is violated by one who

intentionally (causes) (threatens to cause) damage to any physical property that belongs to

a (Department of Revenue employee) (family member of a Department of Revenue

employee) where at the time of the (act) (threat), the person knows1 that the person whose

property is (damaged) (threatened) is a (Department of Revenue employee) (family

member of a Department of Revenue employee), [the Department of Revenue employee is

acting in an official capacity], [the (act) (threat) is in response to an action taken in the

Department of Revenue employee’s official capacity],2 and there is no consent by the

person whose property is (damaged) (threatened).

State’s Burden of Proof

Before you may find the defendant guilty of this offense, the State must prove by

evidence that satisfies you beyond a reasonable doubt that the following six 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.3

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.]4

2. (Name of victim) was a (Department of Revenue employee) (family member of

a Department of Revenue employee).

[For the purpose of this offense, a (e.g., child) is a family member.]5

3. At the time of the (act) (threat), the defendant knew6 that (name of victim) was a

(Department of Revenue employee) (family member of a Department of Revenue

employee).

4. [The Department of Revenue employee was acting in an official capacity at the

time of the (act) (threat).] [The (act) (threat) was in response to an action taken in

the Department of Revenue employee’s official capacity.]7

Department of Revenue employees act in an official capacity if they perform

duties that they are employed8 to perform. A Department of Revenue employee

who performs acts that are not within the responsibilities of a Department of

Revenue employee does not act in an official capacity.9 (The duties of a

Department of Revenue employee include: ________.)10

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

consent11 of (name of victim).

6. The defendant acted intentionally.12 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.13

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 six 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.