WI · jury_instructions
Wis JI-Criminal 2121
Sexual Exploitation of a Child
[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)(b) of the Criminal Code of
Wisconsin, is committed by one who records 2 or displays in any way a child engaged in
sexually explicit 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 (recorded) (displayed in any way) (name of child). 4
“Record” means to reproduce an image or a sound or to store data
representing an image or a sound. 5
[Consent by (name of child) is not a defense.] 6
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.] 7
3. The defendant (recorded) (displayed in any way) (name of child) while (name of
child) was engaged in sexually explicit conduct.
“Sexually explicit conduct” means 8 actual or simulated (sexual intercourse)
(bestiality) (masturbation) (sexual sadism or sexual masochistic abuse) (lewd
exhibition of (name intimate part)). 9
4. The defendant knew that the person in the (recording) (display) was engaged in
sexually explicit conduct. 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.”
History
Wis JI-Criminal 2121 (2020). Release No. 58, 7/2020. © 2020, 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
105b4c93fe409b25dc8200205cf76f7c0e021ff0dcd2a42a704598feee39527d
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