Wis JI-Criminal 1480

Statutory Definition of the Crime

Armed robbery, as defined in § 943.32(2) of the Criminal Code of Wisconsin, is

committed by one who, with the intent to steal and by use or threat of use of a dangerous

weapon, takes property from the person or presence of the owner by [using force against

the person of the owner with intent to overcome physical resistance or physical power of

resistance to the taking or carrying away of the property] [or] [by threatening the

imminent use of force against the person 2 of the owner with intent to compel the owner to

submit to the taking or carrying away of the property]. 3

State's Burden of Proof

Before you may find the defendant guilty of this offense, the State must prove by

evidence that satisfies you beyond a reasonable doubt that the following five elements

were present.

Elements of the Crime That the State Must Prove

1. (Name) was the owner of property. 4

"Owner" means a person who has possession of property. 5

2. The defendant took and carried away6 property from the person or from the

presence 7 of (name).

3. The defendant took the property with the intent to steal.

"Intent to steal" means that the defendant had the mental purpose 8 to take

and carry away property of another without consent and that the defendant

intended to deprive the owner permanently of possession of the property. 9 [It

further requires that the defendant knew that the property belonged to another

and knew that the person did not consent to the taking of the property.] 10

4. The defendant acted forcibly. 11

"Forcibly" means that the defendant [used force against (name) with the

intent to overcome or prevent physical resistance or physical power of resistance

to the taking or carrying away of the property] [or] [threatened the imminent use

of force against (name) 12 with the intent to compel (name) to submit to the

taking or carrying away of the property]. 13

"Imminent" means "near at hand" or "on the point of happening." 14

5. At the time of the taking or carrying away, 15 the defendant used or threatened to

use a dangerous weapon. 16

A "dangerous weapon" is (any firearm, whether loaded or not) (any device

designed as a weapon and capable of producing death or great bodily harm) (any

device or instrumentality which in the manner it is used or intended to be used is

calculated or likely to produce death or great bodily harm). 17

ADD THE FOLLOWING IF THE CASE INVOLVES A THREAT TO USE A

WEAPON AND NO WEAPON OR OTHER ARTICLE IS ACTUALLY

DISPLAYED: 18

[This element does not require that a defendant actually display or possess a

dangerous weapon. It is sufficient if (name of victim) reasonably believed the defendant

had a dangerous weapon at the time of the threat. Whether (name of victim) reasonably

believed 19 that the defendant was armed with a dangerous weapon is to be determined

from the standpoint of (name of victim) at the time of the alleged offense. The standard

is what a person of ordinary intelligence and prudence would have believed under the

circumstances that existed at that time.]

Deciding About Intent

The intent to steal and [the intent to overcome resistance] [or] [the intent to compel

the one in possession to submit to the taking or carrying away] must be found as facts

before you can find the defendant guilty of armed robbery. 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 five elements of armed robbery

have been proved, you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.