Wis JI-Criminal 1901

Statutory Definition of the Crime

Disrupting a funeral or memorial service, as defined in § 947.011(2)(a)1. of the

Criminal Code of Wisconsin, is committed by a person who engages in disorderly conduct

(during a funeral or memorial service) (during the 60 minutes immediately preceding the

scheduled starting time of a funeral or memorial service) (during the 60 minutes

immediately following a funeral or memorial service),1 within 500 feet of any entrance to

a facility being used for the service, and with intent to disrupt the service.

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 engaged in (violent) (abusive) (indecent) (profane) (boisterous)

(unreasonably loud) (or otherwise disorderly) conduct.2

2. The conduct of the defendant, under the circumstances as they then existed, tended

to cause or provoke a disturbance.

3. The conduct of the defendant occurred (during a funeral or memorial service)

(during the 60 minutes immediately preceding the scheduled starting time of a

funeral or memorial service) (during the 60 minutes immediately following a

funeral or memorial service).3

4. The conduct of the defendant occurred within 500 feet of any entrance to a facility

being used for the service.

5. The defendant engaged in the conduct with intent to disrupt the service.

Meaning of “Disorderly Conduct”

“Disorderly conduct” may include physical acts, language, or both.4

[The general phrase “otherwise disorderly conduct” means conduct having a tendency

to disrupt good order and provoke a disturbance.5 It includes all acts and conduct as are of

a nature to corrupt the public morals or to outrage the sense of public decency, whether

committed by words or acts. Conduct is disorderly, although it may not be violent, abusive,

indecent, profane, boisterous, or unreasonably loud if it is of a type that tends to disrupt

good order and provoke a disturbance.]6

The principle upon which this offense is based is that in an organized society, a person

should not unreasonably offend others in the community.7 This does not mean that all

conduct that tends to disturb another is disorderly conduct. Only conduct that unreasonably

offends the sense of decency or propriety of the community is included. It does not include

conduct that is generally tolerated by the community at large, but that might disturb an

oversensitive person.

Meaning of “Tend to Cause or Provoke a Disturbance”

It is not necessary that an actual disturbance must have resulted from the defendant’s

conduct. The law requires only that the conduct be of a type that tends to cause or provoke

a disturbance under the circumstances as they then existed.8 You must consider not only

the nature of the conduct but also the circumstances surrounding that conduct. What is

proper under one set of circumstances may be improper under other circumstances. This

element requires that the conduct of the defendant, under the circumstances as they then

existed, tended to cause or provoke a disturbance.

Deciding About Intent To Disrupt

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 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.