WI · jury_instructions
Wis JI-Criminal 2105C
Attempted second-degree sexual assault of a child: sexual 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 intercourse with a person who has not attained the age of 16 years, does acts
toward the commission of that crime which demonstrate unequivocally, under all 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 three elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant intended1 to have sexual intercourse with (name of victim).
“Sexual intercourse” is defined as (insert the applicable definition set forth in
Wis JI–Criminal 2101B).2
2. (Name of victim) was under the age of 16 years.
Knowledge of (name of victim)’s age is not required3 and mistake regarding
(name of victim)’s age is not a defense.4
3. The defendant did acts which demonstrate unequivocally, under all the
circumstances, that the defendant intended to and would have had sexual
intercourse with (name of victim) except for the intervention of another person or
some other extraneous factor.5
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 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.
History
Wis JI-Criminal 2105C (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
e4d2ed9919f0b1335b61c98e462fbed5ea4c1ba92dab5e0daafda4e7c2bf3e0f
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