Wis JI-Criminal 1776

Statutory Definition of the Crime

Section 946.425 of the Wisconsin Statutes is violated by a person who is subject to a

series of periods of imprisonment and who intentionally fails to report to the county jail as

required under the sentence.

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 two elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant was subject to a series of periods of imprisonment1 which required

that the defendant report to the county jail on (specify date).

2. The defendant intentionally failed to report as required.

“Intentionally,” as used here, means that the defendant knew (he) (she) had to

report to jail on (specify date), had the ability to report as required, and purposely

failed to do so.2

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 both 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.