Wis JI-Criminal 1910

Statutory Definition of the Crime

Harassment, as defined in § 947.013 of the Criminal Code of Wisconsin, is

committed by one who is subject to an order under § _______ 1 that prohibits or limits

contact with another person and who, with intent to harass or intimidate that person,

strikes, shoves, kicks, or otherwise subjects the person to physical contact or attempts to

do the same, and accompanies the conduct with a credible threat that places the person in

reasonable fear of death or great bodily harm. 2

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. An order under § ______ prohibited or limited the defendant's contact with

(name of victim).

2. The defendant [subjected] [attempted to subject] 3 (name of victim) to physical

contact. 4

3. The defendant engaged in the conduct with intent to harass or intimidate (name

of victim).

"With intent to harass or intimidate" means that the defendant acted with the

mental purpose to harass or intimidate another person or was aware that (his)

(her) conduct was practically certain to harass or intimidate another. 5

4. The defendant's conduct was accompanied by a credible threat that placed (name

of victim) in reasonable fear of death or great bodily harm.

"Credible threat" means a threat made with the intent and apparent ability to

carry out the threat. 6

"Great bodily harm" means serious bodily injury. 7

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 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.

ADD THE FOLLOWING IF ONE THE PENALTY FACTORS SET FORTH IN

SUBS. (1t), (1v), OR (1x) IS CHARGED AND THE EVIDENCE WOULD

SUPPORT A FINDING THAT THE FACTOR IS ESTABLISHED 8

If you find the defendant guilty, you must answer the following question(s):

FOR CHARGES UNDER SUB. (1t) 9

[Did the defendant have a previous conviction for (identify the crime) ? 10

Was the victim of that crime the victim of the crime in this case?

Did the crime in this case occur within 7 years after the previous conviction?]

FOR CHARGES UNDER SUB. (1v)

[Did the defendant intentionally gain access to a record in electronic format that

contained personally identifiable information regarding the victim in order the facilitate

the crime in this case?] 11

FOR CHARGES UNDER SUB. (1x)

[Did the defendant have a previous conviction for (identify the crime) ? 12

Did the defendant intentionally gain access to a record in order the facilitate the

crime in this case?] 13

CONTINUE WITH THE FOLLOWING IN ALL CASES

Before you may answer "yes", you must be satisfied beyond a reasonable doubt that

the answer to that question is "yes."

If you are not so satisfied, you must answer the question "no."