Wis JI-Criminal 2124

Statutory Definition of the Crime

Trafficking of a child, as defined in § 948.051 of the Criminal Code of Wisconsin, is

committed by one who knowingly [(recruits) (entices) (provides) (obtains) (harbors)

(transports) (patronizes) (solicits)] [attempts to (recruit) (entice) (provide) (obtain) (harbor)

(transport) (patronize) (solicit)] any child for the purpose of commercial sex acts.

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 knowingly [(recruited) (enticed) (provided) (obtained) (harbored)

(transported) (patronized) (solicited)] [attempted to (recruit) (entice) (provide)

(obtain) (harbor) (transport) (patronize) (solicit)] (name of child).

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.]1

3. The defendant (use the term selected in element 1.) (name of child) for the purpose

of commercial sex acts.2

“Commercial sex act” means (sexual contact) (sexual intercourse) (sexually

explicit performance) (any conduct done for the purpose of sexual humiliation,

degradation, arousal, or gratification) for which anything of value is given to,

promised, or received, directly or indirectly, by any person.3

[Meaning of Sexual Contact]

[REFER TO WIS JI CRIMINAL 2101A FOR DEFINITION OF “SEXUAL

CONTACT”]

Deciding About Knowledge and Purpose

You cannot look into a person’s mind to find out knowledge and purpose. Knowledge

and purpose 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 knowledge and

purpose.

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.