WI · jury_instructions
Wis JI-Criminal 1732
Misconduct in Public Office (by Exercise of Discretionary Power for a Dishonest Advantage)
Statutory Definition of the Crime
Misconduct in public office, as defined in § 946.12(3) of the Criminal Code of
Wisconsin, is committed by one who is a (public officer) (public employee) and who, in
(his) (her) capacity as an (officer) (employee), exercises a discretionary power in a
manner inconsistent with the duties of (his) (her) (office) (employment) (the rights of
others) and with intent to obtain a dishonest advantage for (himself) (herself) or another.
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 as a public (officer) (employee) exercised a
discretionary power of (his) (her) office. 2 The defendant may exercise
discretionary power either by doing something or by failing to do something. 3
[The discretionary powers of a (position) include: .] 4
3. The defendant exercised a discretionary power in a manner inconsistent with (the
duties of (his) (her) office) (the duties of (his) (her) employment) (the rights of
others).
[The duties of a (position) include ____________________.] 5
4. The defendant exercised discretionary power with intent to obtain a dishonest
advantage for (himself) (herself) (or) (another). 6
The phrase "with intent to" means that the defendant had the mental purpose
to obtain a dishonest advantage or was aware that (his) (her) conduct was
practically certain to cause that result. 7 You cannot look into a person's mind to
find intent. While this intent to obtain a dishonest advantage must be found as a
fact before you can find the defendant guilty, it must be found, if found at all,
from acts and words and statements, if any, bearing upon intent.
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 1732 (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
223438b0306313f7fc3d89313262479c7486d3e058a2f038ec4614f1e8ad9927
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