WI · jury_instructions
Wis JI-Criminal 2125
Causing a Child to View or Listen to Sexual Activity - s.948.055
Statutory Definition of the Crime
Section 948.055 of the Criminal Code of Wisconsin is violated by a person who
intentionally causes a child who has (not attained the age of 13 years) (attained the age of
13 years but has not attained the age of 18 years)1 to view or listen to sexually explicit
conduct for the purpose of sexually arousing or gratifying the person or humiliating or
degrading the child.
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 caused (name of child) to view or listen to sexually explicit
conduct.
“Sexually explicit conduct”2 means actual or simulated (sexual intercourse)
(bestiality) (masturbation) (sexual sadism or sexual masochistic abuse) (lewd
exhibition of (name intimate part)).3
Consent by (name of child) is not a defense.
2. The defendant intentionally caused (name of child) to view or listen to sexually
explicit conduct.
“Intentionally” requires that the defendant acted with the purpose to cause
(name of child) to view or listen to sexually explicit conduct.4
3. (Name of child) had (not attained the age of 13 years) (attained the age of 13 years
but has not attained the age of 18 years).5
Knowledge of (name of child)’s age is not required and mistake regarding
(name of child)’s age is not a defense.6
4. The defendant acted with the purpose of (sexually arousing or gratifying the
defendant) (humiliating or degrading (name of child)).
Deciding About Intent and Knowledge
You cannot look into a person’s mind to find intent and knowledge. Intent and
knowledge must be found, if found at all, from acts, words, and statements, if any, and
from all the facts and circumstances in this case bearing upon intent and knowledge.
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.7
History
Wis JI-Criminal 2125 (11/2025). Release No. 69. Wisconsin Court System, 11/2025. 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
25557ee3f61ac6f22a4ec4eb3f9c6c703644ac77e7e6a972ab1052974c1b01a1
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