WI · jury_instructions
Wis JI-Criminal 2131A
Incest with a child: sexual intercourse by a stepparent - 948.06(1m)
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 intercourse with a child 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 three elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant had sexual intercourse with (name of victim).
“Sexual intercourse” is defined as (insert the applicable definition set forth in
Wis JI–Criminal 2101B).1
2. 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.2
3. (Name of victim) was under the age of 18 years at the time of the alleged offense.3
Knowledge of (name of victim)’s age is not required4 and mistake regarding
(name of victim)’s age is not a defense.5
Consent to sexual intercourse is not a defense.6
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.
History
Wis JI-Criminal 2131A (3/2026). Release No. 70. Wisconsin Court System, 3/2026. 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
991698f0538d524a26bc01549559abddd92ebb535d1829574a432c895e053bae
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