WI · jury_instructions
Wis JI-Criminal 2137C
Sexual assault of a foster child: sexual intercourse - 948.085(1)
Statutory Definition of the Crime
Sexual assault of a child, as defined in § 948.085(1) of the Criminal Code of
Wisconsin, is committed by a person who has sexual intercourse with a child for whom the
person is a foster parent.
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. (Name of victim) was under the age of 18 years2 at the time of the alleged sexual
intercourse.
Knowledge of (name of victim)’s age is not required3 and mistake regarding
(name of victim)’s age is not a defense.4
Consent to sexual intercourse is not a defense.5
3. The defendant was a foster parent to (name of victim).
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 2137C (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
e4f1c8d46237fe56f47c5ac65c9b54b76cc14fbbf42fb97b2710d7e38818f357
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