Wis JI-Criminal 1754

Statutory Definition of the Crime

False swearing, as defined in § 946.32(1)(a) of the Criminal Code of Wisconsin, is

committed by one who under (oath) (affirmation) makes or subscribes a false statement

which (he) (she) does not believe is true, when such (oath) (affirmation) is (authorized or

required by law)1 (required by any public officer or governmental agency as a prerequisite

to such officer or agency taking some official action).

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. The defendant (made) (subscribed)2 a false statement.

2. The defendant did not believe the statement to be true when (made) (subscribed).

3. The statement was (made) (subscribed) under (oath) (affirmation).3

USE THE FOLLOWING IF WRITTEN STATEMENTS ARE INVOLVED.4

[The meaning of being under (oath) (affirmation) is usually well understood,

as when the witnesses in this case were put under oath before you. A written

statement is under (oath) (affirmation) when it is subscribed or signed by a person

who swears that it is the truth before some person authorized5 to administer an

(oath) (affirmation).]

4. The (oath) (affirmation) was (authorized or required by law) (required by any

public officer or governmental agency as a prerequisite to the officer or agency

taking some official action).

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.