Wis JI-Criminal 2131

Statutory Definition of the Crime

Incest with a child, as defined in § 948.06(1m) of the Criminal Code of Wisconsin, is

committed by one who has sexual contact with a child—meaning contact undertaken with

intent to (become sexually aroused or gratified) (sexually degrade or humiliate)—and who

is the child’s stepparent.

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 had sexual contact with (name of victim).

“Sexual contact” is defined as (insert the applicable definition set forth in Wis

JI–Criminal 2101A).1

2. The defendant acted with intent to (become sexually aroused or gratified)

(sexually degrade or humiliate (name of victim)).2

3. The defendant was the stepparent of (name of victim).

USE THE FOLLOWING IF IT IS BELIEVED TO BE NECESSARY TO

DEFINE “STEPPARENT”

“Stepparent” means a person who was married to the biological or adoptive

parent of (name of child) at the time of the alleged offense.3

4. (Name of victim) was under the age of 18 years at the time of the alleged offense.4

Knowledge of (name of victim)’s age is not required5 and mistake regarding

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

Consent to sexual contact is not a defense.7

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.