WI · jury_instructions
Wis JI-Criminal 1544B
Lewd and Lascivious Behavior: Exposing Genitals or Pubic Area - §944.20(1)(b)
Statutory Definition of the Crime
Lewd and lascivious behavior, as defined in § 944.20(1)(b) of the Criminal Code of
Wisconsin, is committed by one who publicly and indecently exposes genitals or pubic
area.
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 exposed (genitals) (pubic area).
“Expose” means to exhibit to the view of another person or persons.
2. The defendant exposed (genitals) (pubic area) publicly, that is, not in a hidden
manner, but open to view.
[“Publicly” means in such a place or manner that the person knows or has
reason to know that the conduct is observable by or in the presence of other
persons.]1
3. The defendant exposed (genitals) (pubic area) indecently.
IF THE COURT FINDS IT IS NECESSARY TO DEFINE
“INDECENTLY,” ADD THE FOLLOWING
[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
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 1544B (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
b6eae337f68e589abd5eb724a4d528cbb5b330b1e964cc58a0ae64bf657bbb7d
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