WI · jury_instructions
Wis JI-Criminal 1862
Food Stamp Fraud: Misstating Facts on an Application
Statutory Definition of the Crime
Food stamp fraud, as defined in § 946.92(2)(a) of the Wisconsin Statutes, is
committed by a person who misstates or conceals facts in a food stamp program
application or report of income, assets, or household circumstances with the intent to
secure or continue to receive food stamp program benefits.
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 two elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant (misstated) (concealed) facts in a food stamp program
[application] [report of income, assets, or household circumstances].
The facts claimed to have been (misstated) (concealed) in this case are:
(specify the alleged facts).
2. The defendant (misstated) (concealed) facts with the intent to [secure] [continue
to receive] food stamp program benefits.
"With intent to" 1 requires that the defendant had the mental purpose to obtain
food stamp program benefits by (misstating) (concealing) facts in the application.
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 both 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.
ADD THE FOLLOWING IF THE DEFENDANT IS CHARGED WITH
FRAUDULENTLY SECURING MORE THAN $100 AND THE EVIDENCE
WOULD SUPPORT THAT FINDING 2
If you find the defendant guilty, you must also determine beyond a reasonable doubt
the value of the food stamp program benefits for which the defendant was not eligible
and insert that amount in the verdict.
History
Wis JI-Criminal 1862 (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
a7d2ea8733b88976bc871f3e678959fa6a386ee422328e83b8df8775a201d4ea
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