WI · jury_instructions
Wis JI-Criminal 1460
Failure to Disclose Manufacturer of Recording
Statutory Definition of the Crime
Section 943.209 of the Criminal Code of Wisconsin is violated by one who, for
commercial advantage or private financial gain [knowingly advertises, offers for sale or
rent, sells, rents or transports a recording that does not contain the name and address of
the manufacturer in a prominent place on the cover, jacket or label of the recording]
[possesses with intent to advertise, offer for sale or rent, sell, rent or transport a recording
that does not contain the name and address of the manufacturer in a prominent place on
the cover, jacket or label of the recording].
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 three elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant [knowingly (advertised) (offered for sale or rent) (sold) (rented)
(transported)] [possessed 1 with intent to (advertise) (offer for sale or rent) (sell)
(rent) (transport] a recording. 2
2. The recording did not contain the name and address of the manufacturer 3 in a
prominent place on the cover, jacket or label of the recording.
3. The defendant acted for commercial advantage or private financial gain.
Jury's Decision
If you are satisfied beyond a reasonable doubt that all three 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.
[ADD THE FOLLOWING IN CLASS H FELONY CASES AND INCLUDE
THE QUESTION IN THE STANDARD VERDICT FORM] 4
[If you find the defendant guilty, answer the following question:
"Did the defendant [knowingly (advertise) (offer for sale or rent) (sell)
(rent) 5 (transport)] [possess with intent to (advertise) (offer for sale or rent) (sell)
(rent) (transport)] 100 or more recordings during a 180-day period?"
Answer "yes" or "no."
Before you may answer "yes," you must be satisfied beyond a reasonable doubt
that the answer is "yes."]
[ADD THE FOLLOWING IN CLASS I FELONY CASES AND INCLUDE
THE QUESTION IN THE STANDARD VERDICT FORM] 6
[If you find the defendant guilty, also answer the following question "yes" or "no."
"Did the value of the recordings exceed $2,500?"
Answer "yes" or "no."
Before you may answer "yes," you must be satisfied beyond a reasonable doubt
that the answer is "yes."]
History
Wis JI-Criminal 1460 (2014). Release No. 52, 4/2014. ©2014, Regents, Univ. of Wis. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
fec7fbc067828d8bfcdc410623b3824adc068864e0f6a4bb59381a238e40415d
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