Wis JI-Criminal 1765

Statutory Definition of the Crime

Resisting an officer, as defined in § 946.41 of the Criminal Code of Wisconsin, is

committed by one who knowingly resists an officer while the officer is doing any act in

an official capacity and with lawful authority.

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 resisted an officer.

A (title – e.g., sheriff) is an officer. 1

To resist an officer means to oppose the officer by force or threat of force.

The resistance must be directed to the officer personally. 2

2. The officer was doing an act in an official capacity. 3

___________________ 4 act in an official capacity when they perform duties

that they are employed to perform. 5 [The duties of a ___________________

include: ___________________.] 6

3. The officer was acting with lawful authority.

___________________ 7 act with lawful authority if their acts are conducted

in accordance with the law. In this case, it is alleged that the officer was

_______________. 8

4. The defendant knew that (officer) was an officer acting in an official capacity

and with lawful authority and that the defendant knew (his) (her) conduct would

resist the officer. 9

Deciding About Knowledge

You cannot look into a person's mind to find knowledge. 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 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.

ADD THE FOLLOWING 10 IF THE DEFENDANT HAS BEEN CHARGED

WITH THE FELONY OFFENSE UNDER § 946.41(2r): SUBSTANTIAL

BODILY HARM OR A SOFT TISSUE INJURY WAS CAUSED TO AN

OFFICER:

If you find the defendant guilty, you must consider the following question:

Did the defendant cause (substantial bodily harm) (a soft tissue injury) to an

officer?

"Cause" means that the defendant's act was a substantial factor in producing

(substantial bodily harm) (a soft tissue injury). 11

["Substantial bodily harm" means bodily injury that causes [a laceration that

requires (stitches) (staples) (a tissue adhesive)] [any fracture of a bone] [a broken

nose] [a burn] [a petechia] [a temporary loss of consciousness, sight, or hearing]

[a concussion] [a loss or fracture of a tooth].] 12

["Soft tissue injury" means an injury that requires medical attention to a

tissue that connects, supports, or surrounds other structures and organs of the

body and includes tendons, ligaments, fascia, skin, fibrous tissues, fat, synovial

membranes, muscles, nerves, and blood vessels. 13]

Before you may answer the question "yes," the State must satisfy you beyond a

reasonable doubt that the defendant caused (substantial bodily harm) (a soft tissue injury)

to an officer.

If you are not so satisfied, you must answer this question "no."

ADD THE FOLLOWING 14 IF THE DEFENDANT HAS BEEN CHARGED

WITH THE FELONY OFFENSE UNDER § 946.41(2t): GREAT BODILY

HARM WAS CAUSED TO AN OFFICER:

If you find the defendant guilty, you must consider the following question:

Did the defendant cause great bodily harm to an officer?

"Cause" means that the defendant's act was a substantial factor in producing

great bodily harm. 15

"Great bodily harm" means injury which creates a substantial risk of death or

which causes serious permanent disfigurement or which causes a permanent or

protracted loss or impairment of the function of any bodily member or organ or

other serious bodily injury. 16

Before you may answer the question "yes," the State must satisfy you beyond a

reasonable doubt that the defendant caused great bodily harm to an officer.

If you are not so satisfied, you must answer this question "no."