WI · jury_instructions
Wis JI-Criminal 1756
False Swearing: False Statement Under Oath: Misdemeanor
Statutory Definition of the Crime
False swearing, as defined in § 946.32(2) 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.
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 (made) (subscribed)1 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).2
[USE THE FOLLOWING IF WRITTEN STATEMENTS ARE INVOLVED.]3
[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 authorized4 to administer an (oath) (affirmation).]
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.
History
Wis JI-Criminal 1756 (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
76d7fa4dfe44ed9891cc92fd0343f1e21820316efdff565bcc6ee1f5aabd3055
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