WI · jury_instructions
Wis JI-Criminal 2139C
Sexual assault of a child by a school staff person: sexual intercourse - 948.095(2)
Statutory Definition of the Crime
Sexual assault of a child, as defined in § 948.095(2) of the Criminal Code of
Wisconsin, is committed by a person who has sexual intercourse with a child who has
attained the age of 16 years and who is not the person’s spouse, if the child is enrolled as a
student in a school or a school district and the person is a member of the school staff of the
school or school district in which the child is enrolled as a student.
State’s Burden of Proof
Before you may find the defendant guilty, the State must prove by evidence which
satisfies you beyond a reasonable doubt that the following four elements were present at
the time of the offense.
Elements of the Crime That the State Must Prove
1. The defendant had sexual intercourse with (name of victim), who was not the
defendant’s spouse.
“Sexual intercourse” is defined as (insert the applicable definition set forth in
Wis JI–Criminal 2101B).1
2. (Name of victim) had attained the age of 16 years and had not attained the age of
18 years.2
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. (Name of victim) was enrolled as a student in a school or a school district.
[“School” means a public or private elementary or secondary school.]6
4. The defendant was a member of the school staff of the school or school district in
which (name of victim) was enrolled as a student.
[“School staff” means any person who provides services to a school or a school
board, including an employee of a school or a school board and a person who
provides services to a school or a school board under a contract.]7
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.
History
Wis JI-Criminal 2139C (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
7849f945a6be2caf7f08959142c5f42c804ee68529aa8d5172a5697b4a1b74cb
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