Wis JI-Criminal 2139B

Statutory Definition of the Crime

Section 948.098 of the Criminal Code of Wisconsin is violated by a person who, as a

school staff member or volunteer commits an act of sexual misconduct against a pupil

enrolled in the school.

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. On (insert date of offense), the defendant was a (school staff member)1

(volunteer)2 at (insert name of school3).

2. On (insert date of offense), (name of victim) was enrolled at (insert name of

school) as a pupil.

3. The defendant committed an act of sexual misconduct against (name of victim).

“Sexual misconduct” means verbal conduct of a sexual nature or physical

contact of a sexual nature. Sexual misconduct includes conduct directed by a

person at another person of the same or opposite gender.4

[“Physical contact of a sexual nature”5 means any of the following types of

intentional touching, whether direct or through clothing:

• Intentional touching by the actor6 or, upon the actor’s instruction, by

another person, by the use of any body part or object, if the purpose of the

intentional touching is (insert the applicable statutory purpose).7

• Intentional touching by the pupil, by the use of any body part or object, of

the actor or, if done upon the actor’s instructions, another person, if the

purpose of the intentionally touching is (insert the applicable statutory

purpose).8

[“Verbal conduct of a sexual nature” means communications made

intentionally for the purpose of (insert the applicable statutory purpose).9

4. The defendant acted intentionally.

“Intentionally” means that the defendant acted with the mental purpose to

[sexually degrade or sexually humiliate (name of victim)] [sexually degrade or

sexually humiliate defendant] [sexually arouse or sexually gratify the (name of

victim)] [sexually arouse or sexually gratify the defendant] or was aware that (his)

(her) conduct was practically certain to cause that result.10

Deciding About Intent

You cannot look into a person’s mind to find intent. Intent must be found, if found at

all, from the defendant’s acts, words, and statements, if any, and from all the facts and

circumstances in this case bearing upon intent.

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.