WI · jury_instructions
Wis JI-Criminal 1498C
Theft of Services
Statutory Definition of the Crime
Theft of services, as defined in § 943.50(1r) of the Criminal Code of Wisconsin, is
committed by one who, having obtained a service from a service provider, absconds and
intentionally fails or refuses to pay for the service and does so without the service
provider’s consent and with intent to deprive the service provider permanently of the full
price of the service. 1
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 defendant obtained a service from a service provider.
“Service provider” means a merchant who provides a service to retail
customers without a written contract with the expectation that the service will be
paid for by the customer upon completion of the service. 2
2. The defendant intentionally absconded without paying for the service.
“Intentionally absconded” means that the defendant left with the mental
purpose to avoid paying for the service. 3
3. The service provider did not consent to the defendant leaving without paying for
the service.
4. The defendant intended to deprive the service provider permanently of the full
price of the service.
Jury’s Decision
If you are satisfied beyond a reasonable doubt that all four 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 THEFT OF SERVICES 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 SERVICE WAS MORE THAN THE AMOUNT STATED IN THE
QUESTION. 4
Determining Value
If you find the defendant guilty, answer the following question:
(“Was the value of the service more than $10,000?”
Answer: “yes” or “no.”)
(“Was the value of the service more than $5,000?”
Answer: “yes” or “no.”)
(“Was the value of the service more than $500?”
Answer: “yes” or “no.”)
[“Value” means the price that the service provider stated for the service before
the service was provided.] 5
Before you may answer “yes,” you must be satisfied beyond a reasonable doubt that
the value of the service was more than the amount stated in the question.]
History
Wis JI-Criminal 1498C (2020). Release No. 58, 7/2020. © 2020, 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
c10d1f3621650b9b009b4d24b89e458f54a641ee46fe50d05635d1efc11c136d
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