Wis JI-Criminal 1919

Statutory Definition of the Crime

Swatting, as defined in section 947.014 of the Criminal Code of Wisconsin, is

committed by one who intentionally conveys or causes to be conveyed any false

information that an emergency exists, which elicited, or could elicit a response from a

specialized tactical team, knowing such information to be false.

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. The defendant intentionally (conveyed) (caused to be conveyed) information

concerning the existence of an emergency.

“Emergency” means [Specify type of emergency as provided in

947.014(1)(b)].1

“Intentionally” means that the defendant must have had the mental purpose

to (convey) or (cause to be conveyed) information that an emergency exists. 2

2. The information was false.

3. The defendant knew that the information was false. This requires only that the

defendant believed that the information was false.3

4. The information (elicited) (could have elicited) a response from a specialized

tactical team.

A “specialized tactical team” means a special weapons and tactics team or

tactical response team that is designated by a law enforcement agency and whose

members are recruited, selected, trained, equipped, and assigned to resolve critical

incidents that involve a threat to public safety.4

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 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 ONE OF THE FOLLOWING IF THE OFFENSE WAS CHARGED AS A

CLASS H OR E FELONY AND THERE IS EVIDENCE THAT THE

PENALTY-INCREASING FACT IS PRESENT5

[If you find the defendant guilty, you must answer the following question:

(Did the violation result in bodily harm to any person?)

(Did the violation result in great bodily harm to any person?)

Before you may answer the question “yes,” you must be satisfied beyond a reasonable

doubt that the answer is “yes.”

If you are not so satisfied, you must answer the question “no.”]