WI · jury_instructions
Wis JI-Criminal 1779A
Assault by a Prisoner: Throwing or Expelling a Bodily Substance at an Officer, Employee, Visitor, or Inmate
Statutory Definition of the Crime
Assault by a prisoner, as defined in § 946.43(2m) of the Criminal Code of Wisconsin,
is committed by one who is a prisoner confined to a [state prison] [(state) (county)
(municipal) detention facility] and who throws or expels a bodily substance 1 at or toward
[(an officer) (an employee) (a visitor) (another prisoner) of the prison or facility] under
the following circumstances: the prisoner intends that the bodily substance come into
contact with the other person; the prisoner intends to cause bodily harm to or to abuse,
harass, offend, intimidate, or frighten the other person; and the other person does not
consent to the substance being thrown or expelled.
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. 2
(Name of institution) is a [state prison] [(state) (county) (municipal)
detention facility]. 3
2. (Name of victim) was (an officer) (an employee) (a visitor) (another prisoner)
of (name of institution).
3. The defendant threw or expelled a bodily substance at or toward (name of
victim) with intent that the bodily substance come into contact with (name of
victim). 4
(Identify substance) is a bodily substance. 5
4. The defendant intended [to cause bodily harm to] [to abuse, harass, offend,
intimidate or frighten] 6 (name of victim).
5. (Name of victim) did not consent to the substance being thrown or expelled at
or toward (him) (her). 7
Deciding About Intent
You cannot look into a person's mind to find intent. Intent 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.
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 1779A (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
e46e13b64f47e82603e323ccba33fb4bd5e12853d2a0cfc1aed352c1ea395b2b
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.