WI · jury_instructions
Wis JI-Criminal 2105A
Attempted Second Degree Sexual Assault of a Child: Sexual Contact or Intercourse with a Person Who Has Not Attained the Age of 16 Years: Actual Child - 948.02(2), 939.32
Statutory Definition of the Crime
Attempted second-degree sexual assault of a child, as defined in § 939.32 and §
948.02(2) of the Criminal Code of Wisconsin, is committed by one who, with intent to
have 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)—does acts toward the commission of that crime which
demonstrate unequivocally, under all of the circumstances, that he or she had formed that
intent and would commit the crime except for the intervention of another person or some
other extraneous factor.
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 intended1 to have sexual contact with (name of victim).
“Sexual contact” is defined as (insert the applicable definition set forth in Wis
JI–Criminal 2101A).2
2. The defendant acted with intent to (become sexually aroused or gratified)
(sexually degrade or humiliate (name of victim)).3
3. (Name of victim) was under the age of 16 years.
Knowledge of (name of victim)’s age is not required4 and mistake regarding
(name of victim)’s age is not a defense.5
4. The defendant did acts which demonstrate unequivocally, under all of the
circumstances, that the defendant intended to and would have had sexual contact
with (name of victim) except for the intervention of another person or some other
extraneous factor.6
Meaning of “Unequivocally”
“Unequivocally” means that no other inference or conclusion can reasonably and fairly
be drawn from the defendant’s acts, under the circumstances.
Meaning of “Another Person”
“Another person” means anyone but the defendant and may include the intended
victim.
Meaning of “Extraneous Factor”
An “extraneous factor” is something outside the knowledge of the defendant or outside
the defendant’s control.
Deciding About Intent
You cannot look into a person’s mind to find intent. Intent must be found, if found at
all, from the defendant’s acts, words, and statements, if any, and from all the facts and
circumstances in this case bearing upon intent.
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.
History
Wis JI-Criminal 2105A (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
37b129739993fc5afb450ffd7b7e4e13d156da1419a5b22ff847fcadb97b2e6c
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