WI · jury_instructions
Wis JI-Criminal 2169
Interference with the Custody of a Child: Affirmative Defenses
IF THERE IS EVIDENCE OF AN AFFIRMATIVE DEFENSE RECOGNIZED
IN § 948.31(4), SUBSTITUTE THE FOLLOWING FOR THE FINAL TWO
PARAGRAPHS OF THE APPLICABLE INSTRUCTION:
If you are not satisfied beyond a reasonable doubt that all the elements of this offense
have been proved, you must find the defendant not guilty.
If you are satisfied beyond a reasonable doubt that all the elements of this offense
have been proved, you must consider whether the action taken by the defendant (state the
applicable defense as set forth in subsecs. (4)(a)1.-4.). 1
Wisconsin law provides that it is a defense to this crime if the person took the action
(state the applicable defense). 2
The burden is on the defendant to satisfy you to a reasonable certainty by the greater
weight of the credible evidence that (state the applicable defense).
By the greater weight of the evidence is meant evidence which, when weighed
against that opposed to it, has more convincing power. Credible evidence is evidence
which in the light of reason and common sense is worthy of belief.
If you are satisfied to a reasonable certainty by the greater weight of the credible
evidence that the defendant (state the applicable defense), you must find the defendant
not guilty.
If you are not satisfied to a reasonable certainty by the greater weight of the credible
evidence that the defendant (state the applicable defense) and you are satisfied beyond a
reasonable doubt that all the elements of this offense have been proved, you should find
the defendant guilty.
History
Wis JI-Criminal 2169 (2009). Release No. 47, 5/2009. © 2009, 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
e67e6b6964a53447bd58117ee21ea4ae55d9c121a1c4246c95abdf88b9d0aa05
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