Wis JI-Criminal 1741

Statutory Definition of the Crime

Private interest in a public contract, as defined in § 946.13(1)(a) of the Criminal Code

of Wisconsin, is committed by a public officer or public employee who, in a capacity as a

public officer or public employee, participates in the making of a contract in which the

officer or employee has a private pecuniary interest.

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 three elements

were present.

Elements of the Crime That the State Must Prove

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

[A is a public (officer) (employee).] 2

2. The defendant participated in the making of a contract in a capacity as a public

(officer) (employee).

IF THERE IS EVIDENCE THAT THE CONTRACT DID NOT

INVOLVE RECEIPTS OR DISBURSEMENTS OF MORE THAN

$15,000 3 IN ANY YEAR ADD THE FOLLOWING: 4

[This element also requires that the contract involved receipts or

disbursements of more than $15,000 in any year.]

3. The defendant had a private pecuniary interest in the contract.

A "pecuniary interest" is one involving money (or one that can be valued in

money). 5

Jury's Decision

If you are satisfied beyond a reasonable doubt that all three 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.