Wis JI-Criminal 1731

Statutory Definition of the Crime

Misconduct in public office, as defined in § 946.12(2) of the Criminal Code of

Wisconsin, is committed by a (public officer) (public employee) who, in (his) (her)

capacity as an (officer) (employee), does an act which (he) (she) knows is in excess of

(his) (her) lawful authority or which (he) (she) knows (he) (she) is forbidden by law to do

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 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, in (his) (her) capacity 2 as a public (officer) (employee) (describe

conduct).

3. (Describe conduct) was (in excess of the defendant's lawful authority) (conduct

in which the defendant was forbidden by law to engage in (his) (her) official

capacity). 3

4. The defendant knew (that the conduct was in excess of (his) (her) lawful

authority) (that (he) (she) was forbidden by law to engage in the conduct in (his)

(her) official capacity).

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 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.