Wis JI-Criminal 1790

Statutory Definition of the Crime

Aiding a felon, as defined in § 946.47(1)(a) of the Criminal Code of Wisconsin, is

committed by one who, with intent to prevent the apprehension of a felon, harbors or aids

the felon.

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 aided (name of person aided).

To aid means to help or assist.1

2. (Name of person aided) [was a felon] [had engaged in the prohibited felonious

conduct of (name of crime)2].

[A felon is a person who has committed a crime punishable by imprisonment

in the Wisconsin state prisons.3 (Name of crime) is such a crime,4 and the State

must prove by evidence which satisfies you beyond a reasonable doubt that (name

of person aided) committed that crime. (Name of crime) is committed by one who

LIST THE ELEMENTS OF THE ALLEGED CRIME AS

IDENTIFIED IN THE UNIFORM INSTRUCTION. ADD

DEFINITIONS FROM THE UNIFORM INSTRUCTIONS AS

NECESSARY.5]

[(Name of crime) is prohibited felonious conduct in Wisconsin,6 and the State

must prove by evidence which satisfies you beyond a reasonable doubt that (name

of person aided) engaged in this prohibited felonious conduct. (Name of crime) is

committed by one who

LIST THE ELEMENTS OF THE ALLEGED CRIME AS

IDENTIFIED IN THE UNIFORM INSTRUCTION. ADD

DEFINITIONS FROM THE UNIFORM INSTRUCTIONS AS

NECESSARY.7]

3. The defendant knew that (name of person aided) had engaged in the conduct which

constitutes (name of crime).8

4. The defendant aided (name of person aided) with the intent to prevent the

apprehension of (name of person aided).9

This element requires that the defendant had the purpose of preventing (name

of person aided) from being taken into custody by law enforcement officers or was

aware that (his) (her) conduct was practically certain to cause that result.10

Deciding About Intent and Knowledge

You cannot look into a person’s mind to find intent or 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 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.