WI · jury_instructions
Wis JI-Criminal 1785
Delivering an Article to an Inmate
Statutory Definition of the Crime
Section 302.095(2)(a)1 of the Wisconsin Statutes is violated by a person who
(delivers) (procures to be delivered) any article to an inmate confined in a (jail) (prison)
with intent that any inmate confined in the jail or prison shall obtain or receive the same,
contrary to the rules or regulations and without the knowledge or permission of the (sheriff
or keeper of the jail) (warden or superintendent of the prison).
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 (delivered) (procured to be delivered) an article to an inmate
confined in a (jail)1 (prison).
2. The defendant intended that an inmate receive or obtain the article.
3. The (delivery) (procuring to be delivered) of the article was contrary to the rules
or regulations and without the knowledge or permission of the (sheriff or other
keeper of the jail) (warden or superintendent of the prison).2
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 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.
History
Wis JI-Criminal 1785 (2021). Release No. 59. Wisconsin Court System, 2021. 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
54b76437b6ac6d4130889f372db05cdf853cdf270e85ffa4ccfba226d4209ca4
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.