WI · jury_instructions
Wis JI-Criminal 1791
Aiding a Felon by Destroying, etc., Physical Evidence
Statutory Definition of the Crime
Aiding a felon, as defined in § 946.47(1)(b) of the Criminal Code of Wisconsin, is
committed by one who with intent to prevent the apprehension, prosecution, or
conviction of a felon, destroys, alters, hides, or disguises physical evidence. 1
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. (Name of person aided) was a felon.
A felon is a person who has committed a crime punishable by imprisonment
in the Wisconsin state prisons. 2 (Name of crime) is such a crime 3 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. 4
2. The defendant knew that (name of person aided) had engaged in conduct which
constitutes (name of crime). 5
3. The defendant (destroyed) (altered) (hid) (disguised) physical evidence.
4. The defendant (destroyed) (altered) (hid) (disguised) physical evidence with the
intent to prevent the (apprehension) (prosecution) (conviction) of (name of
person aided). 6
This element requires that the defendant had the purpose of preventing
(name of person aided) from being (taken into custody) (prosecuted)
(convicted) or was aware that his conduct was practically certain to cause that
result. 7
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.
History
Wis JI-Criminal 1791 (2015). Release No. 53, 4/2015. © 2015, 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
ddf5278a0cf581daaa31c701baaff45b6f6dd2a486eaf267f0f518b99dc09f95
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