WI · jury_instructions
Wis JI-Criminal 1404
Arson of a Building of Another
Statutory Definition of the Crime
Arson, as defined in § 943.02(1)(a) of the Criminal Code of Wisconsin, is committed by
one who, by means of fire, intentionally damages any building of another without 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 four elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant intentionally damaged a building 1 by means of fire.
"Damaged" means injured, charred, defaced, and includes smoke damage. 2
"Intentionally" means that the defendant must have had the mental purpose to
damage the building of another by means of fire or was aware that (his) (her)
conduct was practically certain to cause damage to the building of another. 3
2. The building belonged to another person. 4
3. The defendant damaged the building without the owner's 5 consent.
"Without consent" means that there was no consent in fact. 6
4. The defendant knew that the building belonged to another person and knew that the
other person did not consent to the damage of the building.
Deciding About Intent and Knowledge
You cannot look into a person's mind to find intent and 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 four 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 1404 (2008). Release No. 46, 5/2008. © 2008, 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
28e7aad288e2a7f2f98dfd0a016e60c056698bb6b61761d1958a5af69eb679d9
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