Wis JI-Criminal 1455

Statutory Definition of the Crime

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

by one who intentionally fails to return any personal property which is in his or her

possession or under his or her control by virtue of a written lease or written rental

agreement within 10 days after the lease or rental agreement has expired.

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 had personal property in (his) (her) possession or under (his) (her)

control by virtue of a written lease or written rental agreement.

2. The defendant failed to return the property within 10 days after the lease or rental

agreement expired.1

3. The defendant intentionally failed to return the property.

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

purpose not to return the property within 10 days after the lease or rental

agreement expired.

4. The defendant knew that the property belonged to another person and knew that

the written lease or rental agreement had expired.

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.2

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.

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.3

[Determining 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.4

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).5

[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.]