Wis JI-Criminal 1768

Statutory Definition of the Crime

Section 946.415 of the Criminal Code of Wisconsin is violated by a person who

intentionally does all of the following:

• refuses to comply with an officer's lawful attempt to take the person into custody;

• retreats or remains in a building or place and, through action or threat, attempts

to prevent the officer from taking the person into custody; and,

• remains or becomes armed with a dangerous weapon or threatens to use a

dangerous weapon, regardless of whether the person has a dangerous weapon.

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 intentionally refused to comply with an officer's 1 lawful attempt to

take the defendant into custody.

"Intentionally" requires that the defendant knew that an officer was lawfully

attempting to take the defendant into custody. 2

2. The defendant intentionally retreated or remained in a building or place and,

through action or threat, intentionally attempted to prevent the officer from

taking the defendant into custody.

3. While committing elements 1. and 2., 3 the defendant intentionally [(remained)

(became) armed with a dangerous weapon] [threatened to use a dangerous

weapon regardless of whether the defendant had a dangerous weapon]. 4

IF DEFINITION OF "ARMED" IS NEEDED, ADD THE FOLLOWING:

["Armed" means that a dangerous weapon must have been either on the

defendant's person or within the defendant's reach.] 5

Deciding About Intent and Knowledge

You cannot look into a person's mind to find intent or knowledge. Intent and

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

intent and knowledge.

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.