Wis JI-Criminal 1459

Statutory Definition of the Crime

Section 943.203(2) of the Criminal Code of Wisconsin is violated by one who

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

information or identification document of an entity [to obtain credit, money, goods,

services, or anything else of value or benefit] [to harm the reputation or property of the

entity] without the authorization or consent of the entity and by representing that [he or

she is the entity] [he or she is acting with the authorization or consent of the entity].

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 [(identifying information) (an identification document)] 2 of an entity. (A

corporation) (A partnership) (An association) (A body politic) is an entity. 3

CHOOSE ONE OF THE FOLLOWING.

[(Insert term from § 943.203(1)(c) 1. through 8.) is “identifying

information.”] 4

[“Identification document” means:

(a document containing identifying information.)

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

or any other thing of value or benefit 5 or to initiate a transfer of funds.)

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

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

which the entity is entitled.)] 6

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

use)] [(identifying information) (an identification document)] of the entity [to

obtain credit, money, goods, services, or anything else of value or benefit] [to

harm the reputation or property of the entity].

3. The defendant acted without the authorization or consent of the entity and knew

that the entity did not give authorization or consent. 7

4. The defendant intentionally represented 8 that [(he) (she) was the entity] [(he)

(she) was acting with the authorization or consent of the entity)]. 9

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

credit, money, goods, services, or anything else of value or benefit by using

(identifying information) (an identification document) of the entity without the

entity’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.