Wis JI-Criminal 2143

[USE THIS INSTRUCTION IF THERE IS NO EVIDENCE OF THE DEFENSE

UNDER § 948.11(2)(c).] 1

Statutory Definition of the Crime

Exposing a child to harmful material, as defined in § 948.11(2)(am) of the Criminal

Code of Wisconsin, is committed by a person who has attained the age of 17 and who,

with knowledge of the character and content of the material, verbally communicates, by

any means, a harmful description or narrative account to a child, with or without

monetary consideration and [knows or reasonably should know that the child has not

attained the age of 18 years] [has face-to-face contact with the child before or during the

communication]. 2

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 attained the age of 17 at the time of the alleged offense.

2. The defendant verbally communicated, 3 by any means, a harmful description or

narrative account to (name of child).

[This does not require that the defendant received any monetary

consideration.] 4

“Harmful description or narrative account” means any explicit and detailed

description or narrative account of sexual excitement, sexually explicit conduct,

sadomasochistic abuse, physical torture, or brutality that, taken as a whole, is

harmful to children. 5

“Harmful to children” 6 means that quality of any description, narrative

account, or representation of nudity, 7 sexually explicit conduct, 8 sexual

excitement, 9 sadomasochistic abuse, 10 physical torture, or brutality when it

(1) predominantly appeals to the prurient, shameful, or morbid interest

of children; and

(2) is patently offensive to prevailing standards in the adult community

of Wisconsin 11 as a whole with respect to what is suitable material for

children; and

(3) lacks serious literary, artistic, political, scientific, or educational

value for children of the age of (name of child), 12 when taken as a

whole. 13

3. The defendant had knowledge of the character and content of the material. 14

This requires that the defendant knew that the material contained a

description, narrative account, or representation of nudity, sexually explicit

conduct, sexual excitement, sadomasochistic abuse, physical torture, or brutality.

4. (Name of child) was under the age of 18 years. 15

5. The defendant [knew or reasonably should have known that (name of child) was

under the age of 18 years] [had face-to-face contact with (name of child) before

or during the communication]. 16

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.