WI · jury_instructions
Wis JI-Criminal 1465A
Operating Without Owner's Consent: Affirmative Defense
Statutory Definition of the Crime
ADD THE FOLLOWING AT THE END OF WIS JI-CRIMINAL 1464, 1464A,
OR 1465 IF THERE IS EVIDENCE OF THE AFFIRMATIVE DEFENSE
PROVIDED IN SUB. (3m) OF § 943.23
If you find the defendant guilty, you must answer the following question:
“Did the defendant abandon the (vehicle) (commercial motor vehicle) without
damage within 24 hours after the (vehicle) (commercial motor vehicle) was taken
from the possession of the owner?”
“Abandon” means that the defendant must have freely, voluntarily, and
permanently given up possession of the (vehicle) (commercial motor vehicle). 1
USE THE FOLLOWING PARAGRAPHS IF RAISED BY THE EVIDENCE: 2
[The giving up of possession is not free and voluntary if it is done because of fear
of immediate capture by police.]
[A person who sells or gives the (vehicle) (commercial motor vehicle) to another
person has not abandoned it within the meaning of the statute.]
You must answer the question “yes” if the defendant proves by evidence which
satisfies you to a reasonable certainty by the greater weight of the credible evidence that
the answer is “yes.” 3
If you are not so satisfied, you should answer the question “no.” 4
Evidence has greater weight when it has more convincing power than the evidence
opposed to it. Credible evidence is evidence which in the light of reason and common
sense is worthy of belief.
History
Wis JI-Criminal 1465A (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
c449d2a740a67b374459349f1d5c3c9be1aa6dfb84d3f31bcd15e537f9b2048c
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.