Wis JI-Criminal 1423

Statutory Definition of the Crime

Burglary, as defined in § 943.10(1m) of the Criminal Code of Wisconsin, is committed

by one who intentionally enters a building2 without the consent of the person in lawful

possession and with intent to commit a battery therein.

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 entered a building.3

2. The defendant entered the building without the consent4 of the person in lawful

possession.5

3. The defendant knew that the entry was without consent.6

4. The defendant entered the building with intent to commit a (battery) (battery to an

unborn child), [that is, that the defendant intended to commit a (battery) (battery

to an unborn child) at the time the defendant entered the building].7

[IF THE JURY IS ALSO INSTRUCTED ON THE INTENDED BATTERY, IT

IS SUFFICIENT TO REFER TO THAT INSTRUCTION AND NOT REPEAT

IT HERE.]

[IF THE INTENDED BATTERY IS NOT CHARGED, DEFINE THE CRIME,

REFERRING TO THE ELEMENTS AND DEFINITIONS IN UNIFORM

INSTRUCTION WIS JI–CRIMINAL 1220 or WIS JI–CRIMINAL 1227.]

When Must Intent Exist?

The intent to commit a (battery) (battery to an unborn child) must be formed before

entry is made. The intent to commit a (battery) (battery to an unborn child) which is an

essential element of burglary is no more or less than the mental purpose8 to commit a

(battery) (battery to an unborn child) formed at any time before the entry, which continued

to exist at the time of the entry.

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.

IF ONE OF THE AGGRAVATING FACTORS SET FORTH IN § 943.10(2) IS

CHARGED AND SUPPORTED BY THE EVIDENCE, ADD WIS JI–

CRIMINAL 1425A, 1425B, OR 1425C.9