WI · jury_instructions
Wis JI-Criminal 1465
Driving or Operating a (Vehicle) (Commercial Motor Vehicle) Without the Owner's Consent
Statutory Definition of the Crime
Driving or operating a (vehicle) (commercial motor vehicle) without the owner’s consent,
as defined in § 943.23(3) of the Criminal Code of Wisconsin, is committed by one who
intentionally drives or operates a (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 two elements were
present.
Elements of the Crime That the State Must Prove
1. The defendant intentionally (drove) (operated) a (vehicle) 1 (commercial motor
vehicle) 2 without the consent of the owner. 3
[“Drive” means to exercise physical control over the speed and direction of a
vehicle while it is in motion.] 4
[“Operate” means the physical manipulation or activation of any of the controls of
a vehicle necessary to put it into motion.] 5
[“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)).]
[A person (drives) (operates) without consent even though the owner consented to
the original taking if the person (drives) (operates) the vehicle in a manner that goes
beyond the scope of the use authorized or permitted by the owner.] 6
2. The defendant knew that the owner of the vehicle did not consent to (driving)
(operating) the (vehicle) (commercial motor vehicle). 7
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. 8
Jury’s Decision
If you are satisfied beyond a reasonable doubt that both 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 1465A. 9
History
Wis JI-Criminal 1465 (2019). Release No. 57, 7/2019. © 2019, 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
45a9a994594cac57ec870dfd6c0421f4b4aad9a55981b9ce6619a144aa5b5ef8
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