WI · jury_instructions
Wis JI-Criminal 2106
Sexual Assault of a Child: Failing to Act to Prevent Sexual Intercourse or Sexual Contact
Statutory Definition of the Crime
Failure to act to prevent sexual assault of a child, as defined in § 948.02(3) of the
Criminal Code of Wisconsin, is committed by a person responsible for the welfare of a
child who has not attained the age of 16 years, if that person has knowledge that another
person (intends to have) (is having) (has had) sexual (intercourse) (contact) with a child,
is physically and emotionally capable of taking action which will prevent sexual
(intercourse) (contact) from (taking place) (being repeated), fails to take that action, and
whose failure to act [exposes the child to an unreasonable risk that (intercourse) (contact)
may occur between the child and the other person] [facilitates the sexual (intercourse)
(contact) that does occur between the child and the other 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 seven
elements were present.
Elements of the Crime That the State Must Prove
1. The defendant was a person responsible for the welfare of a child, (name
of victim).
A "person responsible for the welfare of a child" includes (use the
appropriate term from § 948.01(3)). 1
2. (Name of victim) was under the age of 16 years 2 at the time of the alleged
offense.
3. (Name of principal) 3 (intended to have) (was having) (had) sexual (intercourse)
(contact) with (name of victim).
4. The defendant had knowledge 4 that (name of principal) (intended to have) (was
having) (had) sexual (intercourse) (contact) with (name of victim).
5. The defendant was physically and emotionally capable of taking action which
would have prevented the sexual (intercourse) (contact) from (taking place)
(being repeated).
6. The defendant failed to take action that would have prevented the sexual
(intercourse) (contact) from (taking place) (being repeated).
7. The defendant's alleged failure to act [exposed the child to an unreasonable risk
that sexual (intercourse) (contact) may occur] [facilitated the sexual (intercourse)
(contact) that occurred between (name of victim) and (name of principal)].
["Facilitate" means to make easier.] 5
Meaning of [Sexual Contact] [Sexual Intercourse]
REFER TO WIS JI-CRIMINAL 2101A FOR DEFINITION OF "SEXUAL
CONTACT" AND WIS JI-CRIMINAL 2101B FOR DEFINITION OF
"SEXUAL INTERCOURSE" AND INSERT THE APPROPRIATE
DEFINITION HERE.
Jury's Decision
If you are satisfied beyond a reasonable doubt that all seven 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 2106 (2009). Release No. 47, 5/2009. © 2009, Regents, Univ. of Wis. 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
345d29cb7cf1eabf0b085a7f1e7966b0af9dafd03bab319209d9e52e1ad32f99
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