Wis JI-Criminal 1777B

Statutory Definition of the Crime

Section 946.425(1r) of the Wisconsin Statutes is violated by a person who, as a

condition of probation, is subject to a confinement order as the result of a conviction for a

(misdemeanor) (felony) and who intentionally fails to report to the (county jail) (house of

correction) as required under the order.

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 was subject to a confinement order under s. 973.09(4) as a result of

a conviction for a (misdemeanor) (felony).1

2. The confinement order required that the defendant report to the (county jail)

(house of corrections2) as a condition of probation on (specify date).

3. The defendant intentionally failed to report as required.

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

report to the (county jail) (house of corrections) on (specify date), had the ability

to report as required, and purposely failed to do so.3

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.