WI · jury_instructions

Wis JI-Criminal 1485

Fraudulent Writings: Falsifying a Corporate Record

activein force · 2004-04-01 – presentas-observed

Statutory Definition of the Crime

Subsection 943.39(1) of the Wisconsin Criminal Code is violated by (a director) (an

officer) (a manager) (an agent) (an employee) of a (corporation) (limited liability

company) who, with intent to injure or defraud, CHOOSE ONE OF THE

FOLLOWING 1

[falsifies a (record) (account) (document) belonging to the (corporation) (limited

liability company) by (alteration) (false entry) (omission).]

[(makes) (circulates) (publishes) a written statement regarding the (corporation)

(limited liability company) which the defendant knew was false].

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 was (a director) (an officer) (a manager) (an agent) (an employee)

of a (corporation) (limited liability company). 2

2. The defendant CHOOSE ONE OF THE FOLLOWING:

[falsified any (record) (account) (document) belonging to the (corporation)

(limited liability company). An item may be falsified by altering it, by making a

false entry on it, or by omitting something that should be included.]

[(made) (circulated) (published) a written statement regarding the

(corporation) (limited liability company) which the defendant knew was false].

3. The defendant acted with intent to (injure) (defraud). 3

["Intent to injure" means that the defendant intended to cause harm of any

kind.]

["Intent to defraud" means that the defendant intended to obtain property that

(he) (she) was not entitled to receive.] 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.

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 1485 (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: 068b01ded5d2aeed93ce4f45f8d9ebe95d5eb885af77208a01de2c210525f962

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