WI · jury_instructions
Wis JI-Criminal 1473A
Extortion: Accuse or Threaten to Accuse
Statutory Definition of the Crime
Section 943.30(1) of the Criminal Code of Wisconsin is violated by one who
(verbally) (by written communication) (by printed communication) maliciously (accuses)
(threatens to accuse) (accuses) another of any crime or offense with intent thereby [to
extort money] [to compel the person to (do any act against the person's will) (omit to do
any lawful act)]. 1
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 (verbally) (by written communication) (by printed
communication) (accused) (threatened to accuse) another of a crime or offense. 2
[The person threatened need not be the one from whom (money) (the doing
of an act) (the failure to do a lawful act) is being sought.] 3
2. The defendant made the (accusation) (threat) maliciously.
This does not mean that the person (accusing) (threatening) must have a
feeling of ill will towards the person (accused) (threatened). (An accusation) (A
threat) is made "maliciously" if it is made willfully and with an illegal intent. 4
3. The defendant acted with intent [to extort money] [to compel (name of person)
to do any act against the person's will] [to compel (name of person) to omit to
do any lawful act].
["To extort" means to obtain from another by coercion or intimidation.] 5
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.
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.
History
Wis JI-Criminal 1473A (2004). Release No. 42, 4/2004. ©2004, 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
113f6aa7c8eaa94a2ad908d7e2300b753013e51fc1f1cf5577a4969ea54a9347
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