Wis JI-Criminal 1450

Statutory Definition of the Crime

Theft, as defined in § 943.20(1)(c) of the Criminal Code of Wisconsin, is committed

by one who, having a legal interest in movable property, intentionally and without consent,

takes the property out of the possession of a person having a superior right of possession1

with intent thereby to deprive that person permanently of possession of the property.

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 five elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant intentionally took movable property out of the possession of (name

person who had possession).

The term “intentionally” means that the defendant must have had the mental

purpose to take movable property.2

“Movable property” means property whose physical location can be changed.3

2. (Name person who had possession) had a right of possession of the property

superior to that of the defendant.

3. (Name person who had possession) did not consent4 to the defendant taking the

property.

4. The defendant knew that (name person who had possession) had a right of

possession superior to defendant’s and knew that (name person who had

possession) did not consent to taking the property.5

5. The defendant took the property with intent thereby to deprive (name person who

had possession) permanently of the possession of the property.

Deciding About Knowledge and Intent

You cannot look into a person’s mind to find knowledge and intent. Knowledge and

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 knowledge and

intent.6

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all five 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 FELONY THEFT IS CHARGED, A JURY DETERMINATION OF VALUE

MUST BE MADE. ADD THE FOLLOWING IF THE EVIDENCE WOULD

SUPPORT A FINDING THAT THE VALUE WAS MORE THAN THE

AMOUNT STATED IN THE QUESTION. SEE WIS JI-CRIMINAL 1441B

FOR OTHER PENALTY-INCREASING FACTS.7

[Finding Value]

[If you find the defendant guilty, answer the following question:

(“Was the value of property stolen more than $100,000?”

Answer: “yes” or “no.”)

(“Was the value of property stolen more than $10,000?”

Answer: “yes” or “no.”)

(“Was the value of property stolen more than $5,000?”

Answer: “yes” or “no.”)

(“Was the value of property stolen more than $2,500?”

Answer: “yes” or “no.”)

“Value” means the market value of the property at the time of the theft or the

replacement cost, whichever is less.8

Before you may answer “yes,” you must be satisfied beyond a reasonable doubt that

the value of the property was more than the amount stated in the question.]

ADD THE FOLLOWING FOR FELONY CASES INVOLVING MORE THAN

ONE THEFT FROM THE SAME OWNER “PURSUANT TO A SINGLE

INTENT AND DESIGN,” AS PROVIDED IN § 971.36(3)(a).9

[In determining the value of the property stolen, you may consider all thefts that you

are satisfied beyond a reasonable doubt were from the same owner and committed by the

defendant pursuant to a single intent and design.]