WI · jury_instructions
Wis JI-Criminal 1437
Criminal Trespass to Dwellings
Statutory Definition of the Crime
Criminal trespass to a dwelling, as defined in § 943.14 of the Criminal Code of
Wisconsin, is committed by one who intentionally (enters) (remains in) 1 the dwelling of
another without the consent of some person lawfully upon the premises, 2 under
circumstances tending to create or provoke a breach of the peace.
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) (remained in) the dwelling of another.
"Dwelling" means a structure that is used or intended to be used as a home or
residence by one or more persons to the exclusion of all others [whether or not
currently occupied by a resident]. 3
2. The defendant (entered) (remained in) the dwelling without the consent 4 of
someone lawfully upon the premises.
3. The defendant (entered) (remained in) the dwelling under circumstances tending
to create or provoke a breach of the peace.
It is not necessary that an actual breach of the peace occurred as a result of
defendant's conduct.
The term "breach of the peace" includes all violations of peace and order. 5
[It may consist of an act of violence or an act likely to produce violence. It
may consist of profane and abusive language by one toward another.]
[It may consist of acts that put (name of victim) in fear of bodily harm or
otherwise disturb or disrupt the peace and sanctity of the home.] 6
4. The defendant knew that (the entry into) (remaining in) the dwelling was without
consent and under circumstances tending to create or provoke a breach of the
peace and knew that it was the dwelling of another. 7
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 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 1437 (2017). Release No. 55, 8/2017. ©2017, 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
7dd6c33fe826c21ce56f84227893a0cfb765f7707bfe6239620556001be4bedf
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