Wis JI-Criminal 2120

[USE THIS INSTRUCTION IF THERE IS NO EVIDENCE OF THE DEFENSE

UNDER § 948.05(3).] 1

Statutory Definition of the Crime

Sexual exploitation of a child, as defined in § 948.05(1)(a) of the Criminal Code of

Wisconsin, is committed by one who employs, uses, persuades, induces, entices, or

coerces any child to engage in sexually explicit conduct for the purpose of recording 2 or

displaying in any way the conduct, with knowledge of the character and content of the

sexually explicit conduct involving the child. 3

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 (employed) (used) (persuaded) (induced) (enticed) (coerced)

(name of child) to engage in sexually explicit conduct. 4

[Consent by (name of child) is not a defense.] 5

2. (Name of child) had not attained the age of 18 years.

[Knowledge of (name of child)’s age is not required and mistake regarding

(name of child)’s age is not a defense.] 6

3. The defendant acted for the purpose of (recording) (displaying in any way) the

sexually explicit conduct.

[“Record” means to reproduce an image or a sound or to store data

representing an image or a sound.] 7

4. The defendant knew that the person in the (recording) (display) was engaged in

sexually explicit conduct. 8

Meaning of “Sexually Explicit Conduct”

“Sexually explicit conduct” means 9 actual or simulated (sexual intercourse)

(bestiality) (masturbation) (sexual sadism or sexual masochistic abuse) (lewd

exhibition of (name intimate part)). 10

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.

ADD THE FOLLOWING IF THE OFFENSE WAS CHARGED AS A CLASS

C FELONY AND THERE IS EVIDENCE THAT THE DEFENDANT WAS 18

YEARS OF AGE OR OLDER AT THE TIME OF THE OFFENSE. 11

If you find the defendant guilty, you must answer the following question:

Had the defendant attained the age of 18 years at the time of the offense?

Before you may answer the question “yes,” you must be satisfied beyond a

reasonable doubt that the answer is “yes.”

If you are not so satisfied, you must answer the question “no.”