Wis JI-Criminal 2620

Statutory Definition of the Crime

Section 343.44 of the Wisconsin Statutes is violated by one who knowingly operates

a motor vehicle upon any highway in this state while that person's operating privilege is

duly revoked.

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 operated a motor vehicle 2 on a highway. 3

A motor vehicle is operated when it is set in motion. 4

2. The defendant's operating privilege 5 was duly revoked at the time the defendant

operated a motor vehicle.

[A person's operating privilege remains revoked until it is reinstated.] 6

3. The defendant knew (his) (her) operating privilege had been revoked. 7

Deciding About Knowledge

You cannot look into a person's mind to find knowledge. Knowledge must be found,

if found at all, from the defendant's acts, words, and statements, if any, and from all the

facts and circumstances in this case bearing upon knowledge.

IF THERE IS EVIDENCE THAT A NOTICE OF REVOCATION WAS

PROPERLY MAILED, ADD THE FOLLOWING: 8

[(Refusal to accept) (Failure to receive) an order of revocation is not, by itself, a

defense, but it is relevant to whether the defendant knew (his) (her) operating privileges

had been revoked. The State must prove beyond a reasonable doubt that the defendant

knew (his) (her) operating privileges had been revoked regardless of whether the

defendant received written notice of revocation.]

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.