Wis JI-Criminal 1498D

Statutory Definition of the Crime

Section 943.50(1m)(h) of the Criminal Code of Wisconsin is violated by one who

(uses) (possesses with intent to use) a theft detection device remover to remove a theft

detection device from merchandise held for resale1 by a merchant and does so without the

merchant’s consent and with intent to deprive the merchant permanently of (possession of

the merchandise) (the full purchase price of the 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 (used) (possessed with the intent to use) a theft detection device

remover to remove a theft detection device.

“Theft detection device” means any tag or other device that is used to prevent

or detect theft and that is attached to merchandise held for resale by a merchant.2

2. (Property involved) was merchandise held for resale by a merchant.3

3. The defendant knew that (property involved) was merchandise held for resale4 by

a merchant.

4. The merchant did not consent5 to the (use of) (possession with intent to use) the

theft detection device remover to remove the theft detection device from (property

involved).

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

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

merchandise) (the full purchase price of the merchandise or property).6

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.7

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.8

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).9

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.]