Wis JI-Criminal 1605

Statutory Definition of the Crime

Commercial gambling, as defined in § 945.03(1m)(e) of the Criminal Code of

Wisconsin, is committed by one who intentionally [sets up a gambling machine for use for

the purpose of gambling] [or] [collects the proceeds of a gambling machine].1

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] [three]2

elements are present.

Elements of the Crime That the State Must Prove

1. The machine in question was a gambling machine.

A “gambling machine” is a device which for a consideration3 affords the player

an opportunity to obtain something of value, the award of which is determined by

chance, even though accompanied by some skill and whether or not the prize is

automatically paid by the machine.4

[The phrase “chance, even though accompanied by some skill,” means that

chance must predominate over skill in determining the outcome of the game.]5

ADD THE FOLLOWING IF SUPPORTED BY THE EVIDENCE.

[“Gambling machine” does not include an amusement device if it rewards the

player exclusively with one or more nonredeemable free replays for achieving

certain scores and does not change the ratio or record the number of the free

replays so awarded.]6

2. The defendant intentionally [set up the gambling machine for use for the purpose

of gambling] [or] [collected the proceeds of the gambling machine].7

This means that the defendant knew that the machine was being used for

gambling and knew that the proceeds were derived from gambling.8

ADD THE FOLLOWING AS A THIRD ELEMENT IF THE CHARGE

INDICATES OR THERE IS EVIDENCE THAT THE ALLEGED VIOLATION

OCCURRED ON LICENSED PREMISES.9

[3. The defendant intentionally (set up for the purpose of gambling) (or) (collected

the proceeds of) six or more gambling machines.]

Deciding About Knowledge and Intent

You cannot look into a person’s mind to find knowledge and intent. Knowledge

and 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

knowledge and intent.

Jury’s Decision

If you are satisfied beyond a reasonable doubt that [both] [all three]10 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.