Wis JI-Criminal 1723

Statutory Definition of the Crime

Section 946.10(2) of the Criminal Code of Wisconsin is violated by a public officer

or employee who directly or indirectly accepts any property 1 which the officer or

employee is not authorized to receive, pursuant to an understanding that the officer or

employee will act in a certain manner in relation to any matter which by law is pending

or might come before the officer or employee in an official capacity.

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 five elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant was a (public officer) (public employee).

A (title of officer) is a public (officer) (employee). 2

2. The defendant directly or indirectly accepted property. 3

3. The defendant was not authorized to receive the property for the performance of

official duties. 4

4. The defendant accepted property pursuant to an understanding that the defendant

would act in a certain manner in relation to a matter which, by law, was pending

or might come before the defendant in an official capacity.

[This understanding must exist at the time the acceptance of property

occurred. The term "understanding" refers to the defendant's state of mind. It

does not require that there was an agreement between the defendant and another

person. It requires that the defendant determined in (his) (her) own mind to

accept property in return for acting in a certain manner with respect to a matter

which was pending or which might come before the defendant in an official

capacity.]

5. The defendant acted with a corrupt understanding.

A "corrupt understanding" means that the defendant accepted property

knowing that it was given to influence the defendant's conduct as a public

(officer) (employee). 5

Deciding About Knowledge

You cannot look into a person's mind to find 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 five elements of bribery have

been proved, you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.