Wis JI-Criminal 1498

Statutory Definition of the Crime

Retail theft, as defined in § 943.50(1m) of the Criminal Code of Wisconsin, is

committed by one who intentionally (alters the indicated price or value of) (takes and

carries away) (transfers) (conceals) (retains possession of) 2 merchandise held for resale 3

by a merchant without consent and with the intent to deprive the merchant permanently

of possession or the full purchase price of such merchandise.

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 six elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant intentionally (altered the indicated price or value of) (took and

carried away) (transferred) (concealed) (retained possession of) (property

involved). 4

2. The (property involved) was merchandise held for resale 5 by a merchant. 6

3. The defendant knew that (property involved) was merchandise held for resale 7 by

a merchant.

4. The merchant did not consent 8 to (altering the indicated price or value of) (taking

and carrying away) (transferring) (concealing) (retaining possession of) (property

involved).

5. The defendant knew that the merchant did not consent. 9

6. The defendant intended to deprive the merchant permanently of (possession)

(any portion of its purchase price) of the merchandise. 10

Deciding About Intent and Knowledge

You cannot look into a person’s mind to find intent or knowledge. Intent and

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 six 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.

IF FELONY RETAIL THEFT IS CHARGED, A JURY DETERMINATION OF

VALUE MUST BE MADE. ADD THE FOLLOWING IF THE EVIDENCE

WOULD SUPPORT A FINDING THAT THE VALUE OF THE

MERCHANDISE WAS MORE THAN THE AMOUNT STATED IN THE

QUESTION. 11

Determining Value

If you find the defendant guilty, answer the following question:

(“Was the value of the merchandise more than $10,000?”

Answer: “yes” or “no.”)

(“Was the value of the merchandise more than $5,000?”

Answer: “yes” or “no.”)

(“Was the value of the merchandise more than $500?”

Answer: “yes” or “no.”)

“Value” means the (merchant’s stated price of the merchandise) (the difference

between the merchant’s stated price of the merchandise and the altered price). 12

Before you may answer “yes,” you must be satisfied beyond a reasonable doubt that

the value of the property was more than the amount stated in the question.]