Wis JI-Criminal 1815

Statutory Definition of the Crime

Obstructing justice, as defined in § 946.65 of the Criminal Code of Wisconsin, is

committed by one who, for a consideration, knowingly gives false information to any

officer of any court with intent to influence the officer in the performance of official

functions.

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 five elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant gave false information to (name of officer).

2. (Name of officer) was an officer of a court. 1

3. The defendant knowingly gave false information to an officer of the court.

This requires that the defendant knew the information was false and knew

that (name of officer) was an officer of a court. 2

4. The defendant gave false information with intent to influence (name of officer)

in the performance of official functions.

"With intent to influence" means that the defendant had the mental purpose

to influence the officer. 3

"Official functions" are duties that an officer of a court is employed to

perform. 4

5. The defendant gave false information for a consideration.

"For a consideration" means that another person provided or agreed to

provide some benefit to the defendant for giving false information. 5

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 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 five 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.