Wis JI-Criminal 1439

Statutory Definition of the Crime

Criminal trespass to a medical facility, as defined in § 943.145 of the Criminal Code

of Wisconsin, is committed by one who intentionally enters a medical facility without the

consent of some person lawfully upon the premises, 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 a medical facility.

"Medical facility" means a hospital or a clinic or office that is used by a

licensed physician. 1

"Intentionally" requires that the defendant had the purpose of entering a

medical facility. 2

2. The defendant entered a medical facility without the consent of someone

lawfully upon the premises.

The phrase "without consent" means that there was no consent in fact. 3

ADD THE FOLLOWING IF SUPPORTED BY THE EVIDENCE

[The general consent given to the public to enter a business premise is not for

all things and all purposes but is conditioned by the purpose of doing business in

the area set aside for that purpose.] 4

3. The defendant entered a medical facility 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. 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.

To constitute criminal trespass to a medical facility, the entry must be done under

circumstances tending to create or provoke a breach of the peace. 5

4. The defendant knew that the entry into a medical facility was made without

consent and under circumstances likely to provoke a breach of the peace. 6

Deciding About Purpose and Knowledge

You cannot look into a person's mind to find purpose and knowledge. Purpose 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

purpose 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.