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WI · jury_instructions

Wis JI-Criminal 1473B

Extortion: Injure or Threaten to Injure

activein force · 2022-01-01 – presentas-observed

Statutory Definition of the Crime

Section 943.30(1) of the Criminal Code of Wisconsin is violated by one who (injures)

((verbally) (by written communication) (by printed communication) threatens to injure) the

person, property, or business of another, 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 two elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant (injured) (threatened to injure) the person, property,2 or business of

another person.

[A “threat” is an expression of intention to do harm and may be communicated

orally, in writing, or by conduct. This element requires a true threat. “True threat”

means that a reasonable person making the threat would foresee that a reasonable

person would interpret the threat as a serious expression of intent to do harm. It is

not necessary that the person making the threat have the ability to carry out the

threat. You must consider all the circumstances in determining whether a threat is

a true threat.]3

[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.]4

2. 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 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.

History

Wis JI-Criminal 1473B (2022). Release No. 60. Wisconsin Court System, 2022. 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
7f127e9868a390e2405c61091dd5f32abbb1905eb64404f812ff49f416f71aca
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