WI · jury_instructions
Wis JI-Criminal 1750
Perjury
Statutory Definition of the Crime
Perjury, as defined in § 946.31 of the Criminal Code of Wisconsin, is committed by
one who, while under (oath) (affirmation) orally makes a false material statement which
the person does not believe to be true, in any proceeding1 before a court.2
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 five elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant orally made a statement while under (oath) (affirmation).3
2. The statement was false when made.
3. The defendant did not believe the statement to be true when made.
[It is not a defense to a prosecution under this section that testimony that
constituted perjury at the time it was given was subsequently corrected or
retracted.]4
4. The statement was made in a proceeding before a court.5
5. The statement was material to the proceeding.
A material statement is one that tends to prove or disprove any fact that is of
consequence to the determination of the proceeding in which the statement was
made.6
Jury’s Decision
If you are satisfied beyond a reasonable doubt that all five 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 1750 (1/2024). Release No. 63. Wisconsin Court System, 1/2024. 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
4b40ed6559e60c20898ab828c62e1c3b693e85a8164dd0841866872ee8db743f
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