Wis JI-Criminal 1495

Statutory Definition of the Crime

Theft of telecommunications service, as defined in § 943.45(1)(a) of the Criminal

Code of Wisconsin, is committed by one who intentionally obtains or attempts to obtain

telecommunications service by charging the service to an existing telephone number or

credit card number without the consent of the subscriber or legitimate holder and does so

for direct or indirect commercial advantage or private financial gain.

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 (obtained) (attempted to obtain) telecommunications service. 1

2. The defendant (obtained) (attempted to obtain) service by charging it to a

(telephone number) (credit card number) belonging to another person.

3. The (subscriber) (holder) of the (telephone number) (credit card) did not consent

to the charges alleged to have been made by the defendant.

4. The defendant acted intentionally.

This requires that the defendant acted with the mental purpose 2 to obtain

telecommunications service without paying for it by charging that service to the

(telephone number) (credit card) of another person without consent.

5. The defendant (obtained) (attempted to obtain) telecommunications service for

(direct or indirect commercial advantage) (private financial gain).

["Private financial gain" requires that the defendant received a financial

benefit beyond simply receiving telecommunications service without paying for

it.] 3

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 theft of

telecommunications service have been proved, you should find the defendant guilty.

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