Wis JI-Criminal 2502

BEGIN WITH THE OPENING INSTRUCTIONS THAT WOULD BE USED IN

A CRIMINAL CASE. MOST CAN BE USED WITHOUT CHANGE.

INCLUDED IMMEDIATELY BELOW IS WIS JI-CRIMINAL 145 AND

INCLUDED AT THE END IS WIS JI CRIMINAL 140, BOTH OF WHICH ARE

MODIFIED FOR USE HERE.

A petition has been filed alleging that (name) is a sexually violent person. A sexually

violent person is one who has been convicted of a sexually violent offense and is dangerous

to others because he or she currently has a mental disorder that makes it more likely than

not1 that the person will engage in future acts of sexual violence.

You will now be asked to decide whether or not (name) is a sexually violent person.

The Petition

A petition is nothing more than a written, formal allegation that a person is a sexually

violent person. You are not to consider it as evidence against (name) in any way.

State’s Burden of Proof

Before you may find that (name) is a sexually violent person, the State must prove by

evidence which satisfies you beyond a reasonable doubt that the following three elements

are established.2

The Elements That Must be Proved

1. That (name) has been convicted of3 a sexually violent offense.

ELECT ONE OF THE FOLLOWING DEPENDING ON WHAT IS

ALLEGED IN THE PETITION.

[(Name crime specified in § 980.01(6)(a)) is a sexually violent offense.]4

[(Name crime specified in § 980.01(6)(b)) may be a sexually violent offense

if it is sexually motivated.5 “Sexually motivated” means that one of the purposes

for the offense was the actor’s sexual arousal or gratification or the sexual

humiliation or degradation of the victim.6]

2. That (name) currently has a mental disorder.

“Mental disorder” as used here, means a condition affecting the emotional or

volitional capacity that predisposes a person to engage in acts of sexual violence7

and causes serious difficulty in controlling behavior.8

The term “mental disorder” is also used in a more general way by the mental

health profession to diagnose and describe mental health-related symptoms and

disabilities. Only those mental disorders that predispose a person to engage in acts

of sexual violence and cause serious difficulty in controlling behavior are

sufficient for purposes of commitment as a sexually violent person.9

You are not bound by medical opinions given by witnesses, or by labels or

definitions used by witnesses, relating to what is or is not a mental disorder.10

3. That (name) is dangerous11 to others because (he) (she) has a mental disorder

which makes it more likely than not12 that (he) (she) will engage in one or more13

future acts of sexual violence.

Meaning of “Acts of Sexual Violence”

“Acts of sexual violence” means acts which would constitute “sexually

violent offenses.”14

ELECT ONE OF THE FOLLOWING DEPENDING ON WHAT

IS ALLEGED IN THE PETITION.15

[(Name crime or crimes specified in § 980.01(6)(a)) is a sexually violent

offense.]16

[(Name crime or crimes specified in § 980.01(6)(b)) may be a sexually

violent offense if it is sexually motivated.17 “Sexually motivated” means that

one of the purposes for the offense was the actor's sexual arousal or gratification

or the sexual humiliation or degradation of the victim.18]

ADD THE FOLLOWING IF EVIDENCE OF OTHER SEXUALLY VIOLENT

OFFENSES HAS BEEN ADMITTED.

Evidence of Other Offenses

[Evidence has been submitted that (name) committed other sexually violent offenses

before committing (identify offense on which the petition is based). This evidence alone

is not sufficient to establish that (name) has a mental disorder. Before you may find that

(name) has a mental disorder, you must be so satisfied beyond a reasonable doubt from all

the evidence in the case.19]

Jury’s Decision

If you are satisfied beyond a reasonable doubt that the state has proved all three

elements, you should find that (name) is a sexually violent person.

If you are not so satisfied, you must not find that (name) is a sexually violent person.

State’s Burden of Proof

In reaching your verdict, examine the evidence with care and caution. Act with

judgment, reason, and prudence.

The law presumes that (name) is not a sexually violent person. Furthermore, (name)

does not have to prove anything. The burden is on the State to convince you beyond a

reasonable doubt that (name) is a sexually violent person.

If you can reconcile the evidence upon any reasonable hypothesis consistent with

(name) not being a sexually violent person, you should do so and find that (name) is not a

sexually violent person.

The term “reasonable doubt” means a doubt based upon reason and common sense. It

is a doubt for which a reason can be given, arising from a fair and rational consideration of

the evidence or lack of evidence. It means such a doubt as would cause a person of ordinary

prudence to pause or hesitate when called upon to act in the most important affairs of life.

A reasonable doubt is not a doubt which is based on mere guesswork, speculation,

sympathy, or fear. A reasonable doubt is not a doubt such as may be used to escape the

responsibility of a decision.

While it is your duty to give (name) the benefit of every reasonable doubt, you are not

to search for doubt. You are to search for the truth.20