Wis JI-Criminal 1766

Statutory Definition of the Crime

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

committed by one who knowingly obstructs 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 obstructed an officer.

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

To obstruct an officer means that the conduct of the defendant prevents or

makes more difficult the performance of the officer’s duties.2

(The refusal to answer an officer’s questions, by itself, is not obstructing an

officer.)3

2. The officer was doing an act in an official capacity.4

___________________5 act in an official capacity when they perform duties

that they are employed to perform.6 [The duties of a ___________________

include: ___________________.]7

3. The officer was acting with lawful authority.

___________________8 act with lawful authority if their acts are conducted

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

___________.9

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

obstruct the officer.10

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.