WI · jury_instructions
Wis JI-Criminal 1441B
Theft: Penalty Factors
ADD ONE OF THE FOLLOWING QUESTIONS IF FELONY THEFT IS
CHARGED AND THE EVIDENCE WOULD SUPPORT A FINDING THAT A
PENALTY FACTOR SET FORTH IN SUB. (3)(d) OR (3)(e) IS
ESTABLISHED.
If you find the defendant guilty, you must answer the following question:
FOR CHARGES UNDER SUB. (3)(d)1.
[“Was the property taken a domestic animal?”] 1
FOR CHARGES UNDER SUB. (3)(d)3.
[“Was the property taken from a building which has been destroyed or left
unoccupied because of physical disaster, riot, bombing or the proximity of battle?”] 2
FOR CHARGES UNDER SUB. (3)(d)4.
[“Was the property taken after physical disaster, riot, bombing or the proximity of
battle has necessitated its removal from a building?”] 3
FOR CHARGES UNDER SUB. (3)(d)5.
[“Was the property taken a firearm?” 4
“Firearm” means a weapon that acts by the force of gunpowder.]
FOR CHARGES UNDER SUB. (3)(d)6.
[“Was the property taken from (an individual at risk) (a patient or resident of a (name
type of facility under s. 940.295(2)))?”] 5
FOR CHARGES UNDER SUB. (3)(e).
[“Was the property taken from (the person of another) (a corpse)?”] 6
[This requires that the property was taken from the body of the person in possession
of the property, or that the person had immediate control over the property.] 7
Before you may answer the question “yes,” you must be satisfied beyond a
reasonable doubt that the answer to the question is “yes.”
If you are not so satisfied, you must answer the question “no.”
History
Wis JI-Criminal 1441B (2020). Release No. 58, 7/2020. © 2020, 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
e9108a09c5ca69fd5538fe40b843ac49309601948e87ed96d8211554b64be868
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