Wis JI-Criminal 1469B

Statutory Definition of the Crime

Issue of a worthless check, as defined in § 943.24(2) of the Criminal Code of

Wisconsin, is committed by one who issues any checks or other orders for the payment of

money within a 90-day period totaling $2,500 or more which, at the time of issuance, he

or she intends shall not be paid.

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 issued checks. 1

A check is an unconditional order to pay money. 2

A check is issued when it is signed and delivered to another. 3

2. The checks were issued within a 90-day period and totaled $2,500 or more.

3. At the time the checks were issued, the defendant intended that they not be paid.

This requires that the defendant issued the checks knowing or believing that

they would not be paid. 4

Deciding About Intent

You cannot look into a person's mind to find intent. Intent 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.

READ THE FOLLOWING IF THERE IS EVIDENCE OF ONE OF THE

STATUTORILY-RECOGNIZED "PRIMA FACIE" CASES. 5

[Evidence has been received that at the time the defendant issued the checks, there

was not enough money in the checking account on which the checks were drawn and that

the defendant failed to pay the checks within five days after receiving written notice that

the checks were not paid, delivered by regular mail to either the person’s last known

address or the address provided on the check.

If you find beyond a reasonable doubt that the defendant issued checks and that at the

time of issuance there was not enough money in the checking account on which the

checks were drawn and that the defendant failed to pay the checks within five days after

receiving written notice that the checks were not paid, delivered by regular mail to either

the person’s last known address or the address provided on the check, you may find that

(he) (she) intended that they not be paid. You should not so find unless you are satisfied

beyond a reasonable doubt from all the evidence that at the time the defendant issued the

check (he) (she) intended that they would not be paid.] 6

READ ONE OF THE FOLLOWING WHEN SUPPORTED BY THE

EVIDENCE. 7

[The statute does not apply to a check given for a past consideration, that is, a check

given for a preexisting obligation or debt. Before you may find the defendant guilty, you

must be satisfied beyond a reasonable doubt that the checks were not given for a past

consideration.]

[The statute does not apply to a postdated check. 8 Before you may find the defendant

guilty, you must be satisfied beyond a reasonable doubt that the checks were not

postdated checks.]

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.