WI · jury_instructions
Wis JI-Criminal 1786
Possessing an Article with Intent to Deliver it to an Inmate
Statutory Definition of the Crime
Section 302.095(2)(a)(1) of the Wisconsin Statutes is violated by a person who
possesses any article1 with intent to deliver it to an inmate confined in a [jail] [prison]
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 possessed an article.
[“Possessed” means that the defendant knowingly2 had actual physical control
of an article.]3
2. The defendant intended to deliver the article to an inmate confined in a [jail]4
[prison].
3. The (delivery) 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).5
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 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.
History
Wis JI-Criminal 1786 (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
5183d49124a5120ca74764fa62ac6b5ebcd86f6fd055220e4f5106c4f8511bdf
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