Wis JI-Criminal 2102A

Statutory Definition of the Crime

First-degree sexual assault of a child, as defined in § 948.02(1)(am) of the Criminal

Code of Wisconsin, is committed by one who has sexual contact with a person who has not

attained the age of 13 years—meaning contact undertaken with intent to (become sexually

aroused or gratified) (sexually degrade or humiliate that person)—and causes great bodily

harm to that person.

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 had sexual contact with (name of victim).

“Sexual contact” is defined as (insert the applicable definition set forth in Wis

JI–Criminal 2101A).1

2. The defendant acted with intent to (become sexually aroused or gratified)

(sexually degrade or humiliate (name of victim)).2

3. (Name of victim) was under the age of 13 years at the time of the alleged sexual

contact.

Knowledge of (name of victim)’s age is not required3 and mistake regarding

(name of victim)’s age is not a defense.4

Consent to sexual contact is not a defense.5

4. The defendant caused great bodily harm to (name of victim).

“Great bodily harm” means injury which creates a substantial risk of death or

which causes serious permanent disfigurement or which causes a permanent or

protracted loss or impairment of the function of any bodily member or organ or

other serious bodily injury.6

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.