Wis JI-Criminal 2102F

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 intercourse with a person who has

not attained the age of 13 years 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 three elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant had sexual intercourse with (name of victim).

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

Wis JI–Criminal 2101B).1

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

intercourse.

Knowledge of (name of victim)’s age is not required2 and mistake regarding

(name of victim)’s age is not a defense.3

Consent to sexual intercourse is not a defense.4

3. 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.5

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all three 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.