Wis JI-Criminal 2102D

Statutory Definition of the Crime

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

of Wisconsin, is committed by a person who has attained the age of 18 years who has

sexual contact with a person who has not attained the age of 16 years—meaning contact

undertaken with intent to (become sexually aroused or gratified) (sexually degrade or

humiliate that person)—by the use or threat of force or violence.

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 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. The defendant had attained the age of 18 years.

4. (Name of victim) was under the age of 16 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

5. The defendant had sexual contact with (name of victim) by the use or threat of

force or violence.

The use or threat of force or violence may occur at any time before or as part

of the sexual contact.5

As a matter of law, a person who has not attained the age of 16 years cannot

consent to sexual contact. Any consideration of the conduct of (name of victim)

must be limited to determining whether the defendant had sexual contact by the

use or threat of force or violence.6

[The phrase “use or threat of force or violence” includes forcible sexual contact

or force used as the means of making sexual contact.]7

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.