WI · jury_instructions
Wis JI-Criminal 1493
Possession of a Forged Writing (Check) with Intent to Utter
Statutory Definition of the Crime
Possession of a forged writing with intent to utter, as defined in § 943.38(2) of the
Criminal Code of Wisconsin, is committed by one who possesses a writing or object by
which legal rights or obligations are created or transferred with intent to utter it as false or
as genuine with knowledge that the writing or object has been 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 five elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant possessed a writing. 1
"Possessed" means that the defendant knowingly 2 had actual physical
control 3 of the writing.
2. The writing was one by which legal rights or obligations are created or
transferred.
(A bank check) (An endorsement on a bank check) is such a writing. 4
3. The writing was falsely (made) (altered).
The (check) (endorsement) 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). 5
4. The defendant knew the writing was falsely (made) (altered). 6
5. The defendant intended to utter the writing.
(It is immaterial whether the defendant intended to utter the writing as
genuine or as false.) 7
"To utter" simply means to (present it for payment) 8 (transfer it to another). 9
Deciding About Intent and Knowledge
You cannot look into a person's mind to find intent or knowledge. Intent or
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
intent and knowledge.
Jury's Decision
If you are satisfied beyond a reasonable doubt that all five 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 1493 (2009). Release No. 47, 5/2009. © 2009, 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
88c79896b1c908c5986771b819d16489493ec85bc87ae3ae912223e07efd1767
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