WI · jury_instructions
Wis JI-Criminal 1544A
Lewd and Lascivious Behavior: Indecent Act of Sexual Gratification with Another - §944.20(1)(a)
Statutory Definition of the Crime
Lewd and lascivious behavior, as defined in § 944.20(1)(a) of the Criminal Code of
Wisconsin, is committed by one who commits an indecent act of sexual gratification with
another with knowledge that they are in the presence of others.
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 indecent sexual gratification1.
This requires that the defendant’s conduct offends the sense of decency of the
community. It does not include conduct that is generally tolerated by the
community at large, but that might disturb an overly sensitive person.
2. The defendant committed the act with another person.
3. The defendant committed the act with knowledge they were in the presence of
others.
This requires that the defendant knew or believed the act occurred in the
presence of other persons.2
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 1544A (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
869e381086d674c6edba87bf93efe4cb7ab0577891ee66898797fec5a0efdd63
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