Wis JI-Criminal 1458

Statutory Definition of the Crime

Section 943.201(2) of the Criminal Code of Wisconsin is violated by one who

intentionally uses, attempts to use, or possesses with intent to use any personal

identifying information or personal identification document of an individual, including a

deceased individual, [to obtain credit, money, goods, services, employment or anything

else of value or benefit] [to avoid civil or criminal process or penalty] [to harm the

reputation, property, person, or estate of the individual] without the authorization or

consent of the individual and by representing that [he or she is the individual] [he or she

is acting with the authorization or consent of the individual] [that the information or

document belongs to him or her].

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

are present.

Elements of the Crime That The State Must Prove

1. The defendant intentionally [(used) (attempted to use) (possessed with intent to

use)] 1 [(personal identifying information) (a personal identification document)] 2

of (name of individual). 3

CHOOSE ONE OF THE FOLLOWING.

[(Insert term from § 943.201(1)(b) 1. through 15.) is “personal identifying

information.”] 4

[“Personal identification document” means:

(a document containing personal identifying information.)

(an individual’s card or plate that can be used to obtain money, goods,

services, or any other thing of value or benefit or to initiate a transfer of

funds.)

(any device that is unique to, assigned to, or belongs to an individual and is

intended to be used to access services, funds, or benefits of any kind to

which the individual is entitled.)] 5

2. The defendant intentionally [(used) (attempted to use) (possessed with intent to

use)] [(personal identifying information) (a personal identification document)] of

(name of individual) [to obtain credit, money, goods, services, employment or

anything else of value or benefit] [to avoid civil or criminal process or penalty]

[to harm the reputation, property, person, or estate of the individual]. 6

3. The defendant acted without the authorization or consent of (name of individual)

and knew that (name of individual) did not give authorization or consent. 7

4. The defendant intentionally represented 8 that [(he) (she) was (name of

individual)] [(he) (she) was acting with the authorization or consent of (name of

individual))] [the information or document belonged to him or her]. 9

“Intentionally” requires that the defendant had the mental purpose 10 to obtain

credit, money, goods, services, employment or anything else of value or benefit

by using (personal identifying information) (a personal identification document)

of (name of individual) without (name of individual)’s consent or authorization.

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.