WI · jury_instructions
Wis JI-Criminal 1779
Assault by a Prisoner: Restraining or Confining an Officer, Employee, Visitor, or Inmate
Statutory Definition of the Crime
Assault by a prisoner, as defined in § 946.43(1) of the Criminal Code of Wisconsin,
is committed by one who is a prisoner confined to a [state prison] [(state) (county)
(municipal) detention facility] who intentionally confines or restrains (an officer) (an
employee) (a visitor) (an inmate) of the institution without the consent of that person.
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 five elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant was a prisoner confined to a [state prison] [(state) (county)
(municipal) detention facility].
This requires that the defendant was confined in a (prison) (detention
facility) as a result of a violation of law. 1
(Name of institution) is a [state prison] [(state) (county) (municipal)
detention facility]. 2
2. (Name of victim) was (an officer) (an employee) (a visitor) (an inmate) of
(name of institution).
3. The defendant intentionally confined or restrained (name of victim).
If the defendant deprived (name of victim) of freedom of movement or
compelled (him) (her) to remain where (he) (she) did not wish to remain, then
(name of victim) was confined or restrained. The use of physical force is not
required. One may be confined or restrained by acts or words or both. 3
"Intentionally confined or restrained" means that the defendant had the
purpose to confine or restrain (name of victim). 4
4. The defendant confined or restrained (name of victim) without consent. 5
5. The defendant knew (name of victim) was (an employee) (an officer) (a visitor)
(an inmate) of (name prison or institution) and knew that (name of victim) did
not consent to the confining or restraining. 6
Deciding About Intent and Knowledge
You cannot look into a person's mind to find intent and 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 five 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.
History
Wis JI-Criminal 1779 (2001). Release No. 39, 4/2001. © 2001, Regents, Univ. of Wis. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
134aec994a8fee66f0c5d838d4069df649535e0249b087ee75809327da458160
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