Wis JI-Criminal 1464A

Statutory Definition of the Crime

Taking and driving a 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 4 of the owner.

[“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 the 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 the owner of the vehicle 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 of the charged crime.

If you are not so satisfied, you must find the defendant not guilty of taking and driving a

vehicle without the owner’s consent, and you should consider whether the defendant is guilty of

driving or operating a vehicle without the owner’s consent in violation of § 943.23 (3) of the

Criminal Code of Wisconsin, which is a lesser included offense of the charged crime. 8

Make Every Reasonable Effort to Agree

You should make every reasonable effort to agree unanimously on your verdict on the crime

charged before considering the lesser included offense. However, if after full and complete

consideration of the evidence, you conclude that further deliberation would not result in unanimous

agreement on the crime charged, you should consider whether the defendant is guilty of the lesser

included offense.

The Difference Between the Two Crimes

There is a difference between the two crimes. The charged crime requires that the defendant

intentionally took and drove the vehicle without the owner’s consent, knowing that it was

without consent. The lesser included offense requires only that the defendant intentionally drove

or operated the vehicle without the owner’s consent, knowing that it was without consent.

[A person may drive or operate a vehicle without the owner’s consent even though the

owner consented to the original taking.] 9

[“Operate” means the physical manipulation or activation of any of the controls of a vehicle

necessary to put it into motion.] 10

Jury’s Decision

If you are satisfied beyond a reasonable doubt that the defendant intentionally operated a

vehicle without the consent of the owner and that the defendant knew that the owner did not

consent to the operation, you should find the defendant guilty of the lesser included crime.

If you are not so satisfied, you must find the defendant not guilty.

You are not, in any event, to find the defendant guilty of more than one offense.

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

ADD THE MATERIAL FROM WIS JI-CRIMINAL 1465A. 11