WI · jury_instructions
Wis JI-Criminal 2152
Failure to Support
Statutory Definition of the Crime
Failure to support, as defined in § 948.22 of the Criminal Code of Wisconsin, is
committed by one who intentionally fails for 120 or more consecutive days 2 to provide
spousal or child support 3 which the person knows or reasonably should know the person
is legally obligated to provide.
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 intentionally failed to provide (spousal) (child) support. 4
"Intentionally" means that the defendant had the mental purpose to fail to
pay support or was aware that his conduct was practically certain to cause that
result. 5
IF THERE IS EVIDENCE THAT THE DEFENDANT FAILED TO
PAY SUPPORT REQUIRED UNDER A COURT ORDER, 6 ADD
THE FOLLOWING: 7
[Evidence has been received that the defendant failed to pay support
payments required by a court order.
If you are satisfied beyond a reasonable doubt that the defendant knew or
reasonably should have known that (he) (she) was required to pay support under
a court order and failed to pay support payments as required, you may find that
the failure to provide support was intentional, but you are not required to do so.
You must not find that the failure to support was intentional unless you are so
satisfied beyond a reasonable doubt from all the evidence in the case.]
ADD THE FOLLOWING IF SUPPORTED BY THE EVIDENCE.
[It is not a defense that support was provided wholly or partially by any other
person.] 8
2. The failure to provide support continued for 120 or more consecutive days. 9
3. The defendant (knew) (reasonably should have known) that (he) (she) was
legally obligated to provide the (spousal) (child) support.
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 2152 (2006). Release No. 44, 5/2006. © 2006, Regents, Univ. of Wis. 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
9a9b1538ec37db8017974478001ac0e9b3c15d89cd42523df7a6a61811da5d5c
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