WI · jury_instructions
Wis JI-Criminal 2102B
First Degree Sexual Assault of a Child: Sexual Intercourse with a Person Who Has Not Attained the Age of 12 Years
Statutory Definition of the Crime
First degree sexual assault of a child, as defined in § 948.02(1)(b) of the Criminal
Code of Wisconsin, is committed by one who has sexual intercourse with a person who
has not attained the age of 12 years.
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 had sexual intercourse with (name of victim).
2. (Name of victim) was under the age of 12 years at the time of the alleged sexual
intercourse.
Knowledge of (name of victim) 's age is not required 1 and mistake regarding
(name of victim) 's age is not a defense. 2
Consent to sexual intercourse is not a defense. 3
Meaning of Sexual Intercourse
REFER TO WIS JI-CRIMINAL 2101B FOR DEFINITION OF "SEXUAL
INTERCOURSE" AND INSERT THE APPROPRIATE DEFINITION
HERE.
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.
History
Wis JI-Criminal 2102B (2008). Release No. 46, 5/2008. © 2008, 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
97c42dabd7b69caff94d167b8ca3ce3e46477bd7bb18a3e7282a85550a3bc06c
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