Wis JI-Criminal 1464

Statutory Definition of the Crime

Taking and driving a (vehicle) (commercial motor vehicle) without the owner’s consent, as

defined in § 943.23(2) of the Criminal Code of Wisconsin, is committed by one who

intentionally takes and drives any (vehicle) (commercial motor vehicle) without the consent of

the owner.

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 intentionally took 1 a (vehicle) 2 (commercial motor vehicle) 3 without the

consent of (name of owner). 4

[“Commercial motor vehicle” means a motor vehicle designed or used to transport

passengers or property and having one or more of the following characteristics (identify

a characteristic provided in s. 340.01(8)(a) – (d)).]

2. The defendant intentionally drove the (vehicle) (commercial motor vehicle) without the

consent of (name of owner).

“Drive” means to exercise physical control over the speed and direction of a

vehicle while it is in motion. 5

3. The defendant knew that (name of owner) did not consent to taking and driving the

(vehicle) (commercial motor vehicle). 6

Deciding About Intent and Knowledge

You cannot look into a person’s mind to find intent and knowledge. Intent and knowledge

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 and knowledge. 7

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.

IF THERE IS EVIDENCE OF THE AFFIRMATIVE DEFENSE UNDER SUB. (3m),

ADD THE MATERIAL FROM WIS JI-CRIMINAL 1465. 8