WI · jury_instructions
Wis JI-Criminal 1730
Misconduct in Public Office (by Failure or Refusal to Perform Duty)
Statutory Definition of the Crime
Misconduct in public office, as defined in § 946.12(1) of the Criminal Code of
Wisconsin, is committed by a (public officer) (public employee) who intentionally fails
or refuses to perform a known mandatory, nondiscretionary, ministerial duty of (his) (her)
(office) (employment) within the time or in the manner required by law.
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 four elements
were present.
Elements of the Crime That the State Must Prove
1. At the time of the alleged offense, the defendant was a (public officer) (public
employee). A (position) is a (public officer) (public employee). 1
2. The defendant failed to perform a mandatory, nondiscretionary, ministerial duty
of (his) (her) office.
[The mandatory, nondiscretionary, ministerial duties of a (position) include:
.] 2
3. The defendant intentionally did not (describe duty). 3
This requires that the defendant had the mental purpose 4 to fail or refuse to
perform the duty.
4. The defendant knew (he) (she) was required to (describe duty) (in the manner)
(within the time) required by law. 5
Deciding About Purpose and Knowledge
You cannot look into a person's mind to find purpose and knowledge. Purpose 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
purpose and knowledge.
Jury's Decision
If you are satisfied beyond a reasonable doubt that all four 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 1730 (2008). Release No. 46, 5/2008. © 2008, 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
46c53d76995bd289d377255800573e22ced0ecd054987be5b0738885e10f1bfe
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