WI · jury_instructions
Wis JI-Criminal 1610
Permitting Real Estate to be Used as a Gambling Place
Statutory Definition of the Crime
A person violates § 945.04(1m)(a) of the Criminal Code of Wisconsin if the person
intentionally permits any real estate owned or occupied by that person, or under that
person's control, to be used as a gambling place.
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 owned, occupied, or controlled real estate.
2. The real estate was used as a gambling place. 1
3. The defendant intentionally permitted the real estate to be used as a gambling
place.
This requires that the defendant acted with the purpose to permit the use of
the real estate as a gambling place and knew that it was being used in such a
way. 2
Meaning of "Gambling Place"
A gambling place is any building or any room within it, one of whose principal uses
is any of the following: making and settling bets or receiving, holding, recording or
forwarding bets or offers to bet. 3
Meaning of "Principal Use"
"A principal use" means one of the more important uses of the real estate. It need not
be the only use or even 50% of the total usage of the real estate. No mathematical
definition can be given. The use of any place or room at any given time may determine
its principal use at that time, but for purposes of this offense, that use must be considered
in light of the overall or other uses of the place or room. In order to constitute one of the
principal uses, the usage must be more than incidental. You must view the character of
the alleged gambling place over a sufficient period of time to determine whether
gambling constituted one of the principal uses. 4
Deciding About Intent and Knowledge
You cannot look into a person's mind to find intent and knowledge. Intent and
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
intent and 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 1610 (2009). Release No. 47, 5/2009. © 2009, 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
236832fd3465c77c92b6aaaa65d366e2ceafc6b385acd76dc997e7883c1a7a58
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