Wis JI-Criminal 2139D

Statutory Definition of the Crime

Sexual assault of a child, as defined in § 948.095(3) of the Criminal Code of

Wisconsin, is committed by a person who has attained the age of 21 years, who engages in

an occupation or participates in a volunteer position that requires him or her to work or

interact directly with children, who has sexual intercourse with a child who has attained

the age of 16 years, who is not the person’s spouse, and with whom the person works or

interacts through that occupation or volunteer position.

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 five elements were present at

the time of the offense.

Elements of the Crime That the State Must Prove

1. The defendant had attained the age of 21 years.

2. The defendant (engaged in an occupation) (participated in a volunteer position)

that required (him) (her) to work or interact directly with children.

3. 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

4. (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

5. (Name of victim) was a person with whom the defendant worked or interacted

through (his) (her) (occupation) (volunteer position).

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.