Wis JI-Criminal 2137B

Statutory Definition of the Crime

Sexual assault of a child, as defined in § 948.085(2) of the Criminal Code of

Wisconsin, is committed by a person who has sexual contact with a child who was placed

in a substitute care facility—meaning contact undertaken with intent to (become sexually

aroused or gratified) (sexually degrade or humiliate the child)—where the person (works

or volunteers at the facility) (is responsible2 for managing the facility).

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 five 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).3

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

(sexually degrade or humiliate (name of victim)).4

3. (Name of victim) was under the age of 18 years5 at the time of the alleged sexual

contact.

Knowledge of (name of victim)’s age is not required6 and mistake regarding

(name of victim)’s age is not a defense.7

Consent to sexual contact is not a defense.8

4. (Name of victim) was placed in a substitute care facility.

“Substitute care facility” means

[a shelter care facility licensed under s. 48.66(1)(a).]9

[a group home licensed under s. 48.625 or 48.66(1).]10

[a facility described in s. 940.295(2)(m).]11

5. The defendant (worked or volunteered at the facility) (was responsible12 for

managing the facility).

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all five 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.