WI · jury_instructions
Wis JI-Criminal 1812
Communicating with a Juror
Statutory Definition of the Crime
Section 946.64 of the Criminal Code of Wisconsin is violated by one who, with
intent to influence a person summoned or serving as juror, in relation to any matter which
is before or which may be brought before that person, communicates with that person
otherwise than in the regular course of proceedings in the trial or hearing of that matter.
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. (Name of juror) was (summoned) (serving) as a juror.
2. The defendant communicated with (name of juror) other than in the regular
course of proceedings in a trial or hearing.
3. The defendant communicated with (name of juror) with intent to influence
(name of juror) in relation to any matter which (was before) (might have come
before) (name of juror).
"With intent to" means that the defendant had the mental purpose to
influence (name of juror). 1
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 1812 (2009). Release No. 47, 5/2009. © 2009, 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
0af6023888991f74779650f802690f14e867bfe174e019392655aa0f28d95580
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