WI · jury_instructions
Wis JI-Criminal 1734
Misconduct in Public Office (by Unlawful Solicitation or Acceptance of Anything of Value)
Statutory Definition of the Crime
Misconduct in public office, as defined in § 946.12(5) of the Criminal Code of
Wisconsin, is committed by one who is a (public officer) (public employee) and who,
under color of (his) (her) (office) (employment) intentionally solicits or accepts for the
performance of any service or duty anything of value which (he) (she) knows is greater or
less than fixed 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 intentionally solicited or accepted anything of value 2 for the
performance of any service or duty.
"Intentionally" means that the defendant had the mental purpose 3 to solicit or
accept anything of value for the performance of any service or duty.
[The (services) (duties) of a (position) include .] 4
3. The defendant knew that the amount (solicited) (accepted) was greater or less
than is fixed by law.
4. The defendant acted under color of (his) (her) (office) (employment). 5
"Under color of (office) (employment)" means to act under the apparent
authority of the (office) (employment). 6
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 1734 (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
42cd2e68a8c0348a9d23877e43ebba5743a4665acebda337eafe89dea44cd5d4
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