WI · jury_instructions
Wis JI-Criminal 2102G
First-degree sexual assault of a child: sexual intercourse with a person who has not attained the age of 13 years - 948.02(1)(e)
Statutory Definition of the Crime
First-degree sexual assault of a child, as defined in § 948.02(1)(e) 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.
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).
“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
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 2102G (3/2026). Release No. 70. Wisconsin Court System, 3/2026. 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
5d6b122ac1547daad2cd2521f3b33aa54ef4677ed54dd0ef6281c86b1432acfb
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