Wis JI-Criminal 1453B

Statutory Definition of the Crime

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

by one who obtains title to property of another person by intentionally deceiving an agent

of that person with a false representation which is known to be false, made with intent to

defraud, and which does defraud the owner 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 eight elements

were present.

Elements of the Crime That the State Must Prove

1. (Name) was the owner of property.

2. (Name) was the agent of the owner.

An agent is a person authorized to act on the owner’s behalf.1

3. The defendant made a false representation to the agent.

This requires that the false representation be one of past or existing fact. It

does not include expressions of opinions or representations of law.2

IF THERE WAS A PROMISE IN ADDITION TO THE

REPRESENTATION OF PAST OR EXISTING FACT, ADD THE

FOLLOWING PARAGRAPH USING “ALSO INCLUDES.” IF THE

ONLY REPRESENTATION WAS A PROMISE, STRIKE THE

PREVIOUS TWO SENTENCES AND GIVE THE FOLLOWING

PARAGRAPH INSTEAD, USING “IN THIS CASE MEANS.”

[A false representation (also includes) (in this case means) a promise made

with intent not to perform it, if the promise is a part of a false and fraudulent

scheme.]3

4. The defendant knew the representation was false.

5. The defendant made the representation with intent to deceive the agent and to

defraud the owner.

This requires that the defendant made the representation with the purpose to

deceive the agent and defraud the owner or that the defendant was practically

certain that (his) (her) representation would deceive the agent and defraud the

owner.

ADD THE FOLLOWING IF SUPPORTED BY THE EVIDENCE:

[It is not required that the defendant knew the identity of the owner.]4

6. The defendant obtained title5 to the property of the owner by making the false

representation to the agent.

IF MONEY WAS OBTAINED, USE THE FOLLOWING:

[Money is property. Title to money is obtained by gaining possession.]

IF PROPERTY OTHER THAN MONEY WAS OBTAINED, USE THE

FOLLOWING:

[Title to property may be obtained by [execution and delivery of a (deed) (bill

of sale) (conditional sales contract) (land contract) (assignment) (other instrument

transferring ownership)] [sale and delivery of the property] [gift] [gaining

possession of property through a lease.]6

7. The agent was deceived by the representation.

“Deceived” means “misled.”

8. The owner was defrauded by the representation.

This requires that the owner of property did in fact part with title to property

in reliance (at least in part) on the false representation.7

Deciding About Intent

You cannot look into a person’s mind to find intent. 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 intent.8

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all eight 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

OR OTHER FACT MUST BE MADE. ADD THE FOLLOWING IF THE

EVIDENCE WOULD SUPPORT A FINDING THAT THE VALUE OF THE

PROPERTY WAS MORE THAN THE AMOUNT STATED IN THE

QUESTION. SEE WIS JI-CRIMINAL 1441B FOR OTHER PENALTY-

INCREASING FACTS.9

[Determining Value]

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

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

Answer: “yes” or “no.”)

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

Answer: “yes” or “no.”)

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

Answer: “yes” or “no.”)

(“Was the value of the property obtained 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.10 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).11

[In determining the value of the property obtained, 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.]