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Wis JI-Criminal 1789B

Tampering with a global positioning system tracking device - s.946.465(2)

activein force · 2025-11-01 – presentas-observed

Statutory Definition of the Crime

Tampering with a global positioning system tracking device, as defined in §

946.465(2) of the Criminal Code of Wisconsin, is violated by a person who, without the

authorization of the Department of Corrections, intentionally tampers with, or blocks,

diffuses, or prevents the clear reception of, a signal transmitted by, a global positioning

system tracking device or comparable technology that is provided under (§ 301.48) (§

301.49).

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 four elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant (tampered with) (blocked, diffused, or prevented the clear reception

of a signal transmitted by) a global positioning system tracking device or

comparable technology.1

2. The defendant acted without the authorization of the Department of Corrections.

3. The device involved was a global positioning system tracking device or

comparable technology provided under §§ 301.48 or 301.49.2

4. The defendant acted intentionally. This requires that the defendant acted with the

mental purpose to (tamper with) (block, diffuse, or prevent the clear reception of

a signal transmitted by) the device, and knew that the device involved was a global

positioning system tracking device or comparable technology provided under §§

301.48 or 301.49.3

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 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 four 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 1789B (11/2025). Release No. 69. Wisconsin Court System, 11/2025. 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
6d98fa01588a7051fc6fe242cac385e39afd9985a0c4e2b8e454621411863fae
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