WI · jury_instructions
Wis JI-Criminal 1480A
Armed Robbery: By Use of an Article the Victim Reasonably Believes is a Dangerous Weapon
Statutory Definition of the Crime
Armed robbery, as defined in § 943.32(1) of the Criminal Code of Wisconsin, is
committed by one who, with the intent to steal and by use or threat of use of an article
used or fashioned in a manner to lead the victim reasonably to believe that it is 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].
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 five elements
were present.
Elements of the Crime That the State Must Prove
1. (Name) was the owner of property. 3
"Owner" means a person in possession of property. 4
2. The defendant took and carried away5 property from the person or from the
presence 6 of (name).
3. The defendant took the property with the intent to steal.
This requires that the defendant had the mental purpose 7 to take and carry
away property of another without consent and that the defendant intended to
deprive (name) permanently of possession of the property.
[It 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.] 8
4. The defendant acted forcibly. 9
Forcibly means that the defendant [actually used force against (name) with
the intent to overcome or prevent (his) (her) physical resistance or physical
power of resistance to the taking or carrying away of the property 10] [or]
[threatened the imminent use of force against (name) 11 with the intent to compel
(name) to submit to the taking or carrying away of the property. "Imminent"
means "near at hand" or "on the point of happening" 12].
5. At the time of the taking or carrying away, 13 the defendant used or threatened to
use an article used or fashioned in a manner to lead (name) reasonably to
believe 14 it was capable of producing death or great bodily harm. 15
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 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.
History
Wis JI-Criminal 1480A (2016). Release No. 54, 6/2016. ©2016, 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
7b66f58d933a246b7ff3bb709083d0931a274c89e129871280328ccfb078031f
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