WI · jury_instructions
Wis JI-Criminal 1601
Commercial Gambling: Operating a Gambling Place for Gain
Statutory Definition of the Crime
Commercial gambling, as defined in § 945.03(1m)(a) of the Criminal Code of
Wisconsin, is committed by one who intentionally operates a gambling place for gain.
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 two elements
were present.
Elements of the Crime That the State Must Prove
1. (Name of place) was a gambling place.
A "gambling place" is any building 1 or any room within it, one of whose
principal uses is any of the following: making and settling bets; receiving,
holding, recording, or forwarding bets or offers to bet. 2
2. The defendant intentionally operated a gambling place for gain.
"Intentionally" requires that the defendant had the mental purpose 3 to operate
a gambling place and to operate that gambling place for gain.
Deciding About Intent
You cannot look into a person's mind to find intent. Intent 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.
Jury's Decision
If you are satisfied beyond a reasonable doubt that both 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 1601 (2002). Release No. 40, 4/2002. © 2002, 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
0335cbca6eb84ce3d64e3b0338afe64022f5b0dd3bcd548905e2d4b7d177f0b4
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