WI · jury_instructions
Wis JI-Criminal 1537
Sexual Gratification in Public
Statutory Definition of the Crime
Sexual gratification, as defined in § 944.17(2) of the Criminal Code of Wisconsin, is
committed by one who commits an act of sexual gratification in public involving the sex
organ of one person and the mouth or anus of another.
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 three elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant committed an act of sexual gratification with (name other person)
involving the sex organ of one person and the (mouth) (anus) of another.1
2. The alleged act of sexual gratification took place in public.
“In public” means in a place where other people are present or where other
people can observe the act.2
3. The defendant knew or had reason to know the alleged act was observable by or
in the presence of others.3
Deciding About Knowledge
You cannot look into a person’s mind to find out knowledge. 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 knowledge.
Jury’s Decision
If you are satisfied beyond a reasonable doubt that all three 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 1537 (1/2024). Release No. 63. Wisconsin Court System, 1/2024. 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
d665c9bf678afca785220b364f8415e97c6446475ac3d5c906fbc543a4c214b8
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