Wis JI-Criminal 1405

Statutory Definition of the Crime

Arson, as defined in § 943.02(1)(b) of the Criminal Code of Wisconsin, is committed

by one who, by means of fire, intentionally damages any building with intent to defraud

an insurer of that building.

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 two 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 by means of fire or was aware that (his) (her) conduct

was practically certain to cause damage to the building. 3

2. The defendant damaged the building with intent to defraud an insurer of

that building.

The intent to defraud is the mental purpose to deceive an insurer of the

building, and thereby induce an insurer to make payment under a fire insurance

policy. 4 This intent must have been formed at some time before the fire started

and must have continued to exist at the time the fire started. 5

ADD THE FOLLOWING PARAGRAPH WHEN THE VALIDITY OR

EXISTENCE OF AN INSURANCE POLICY IS QUESTIONED:

[Whether in fact there was insurance coverage on the building is immaterial.

It is sufficient that the defendant believed there was such coverage on

the building.] 6

Deciding About Intent

You cannot look into a person's mind to find intent. Intent 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.

Jury's Decision

If you are satisfied beyond a reasonable doubt that both 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.