Wis JI-Criminal 1492

Statutory Definition of the Crime

Uttering a forged writing, defined in § 943.38(2) of the Criminal Code of Wisconsin,

is committed by one who utters as genuine a forged writing or object by which legal

rights or obligations are created or transferred, knowing that the writing or object was

falsely made or altered.

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 four elements

were present.

Elements of the Crime That the State Must Prove

1. The document in this case was a writing 1 by which legal rights or obligations are

created or transferred.

(A bank check) (An endorsement on a bank check) is such a writing. 2

2. The (check) (endorsement) was forged, that is, falsely (made) (altered).

The check must have been falsely (made) (altered) to appear to have been

made (by another person) (at another time) (with different terms) (by authority of

someone who really did not give such authority). 3

3. The (check) (endorsement) was uttered as genuine by the defendant.

"To utter (a check) (an endorsement) as genuine" simply means that the

check is presented for payment (or cashed) with the representation that the

(check) (endorsement) is genuine. 4

4. The defendant knew the (check) (endorsement) was falsely (made) (altered) at

the time it was presented. 5

Deciding About Knowledge

You cannot look into a person's mind to find knowledge. Knowledge 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 knowledge.

Jury's Decision

If you are satisfied beyond a reasonable doubt that all four elements of uttering a

forged writing have been proved, you should find the defendant guilty.

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