Wis JI-Criminal 2630

Statutory Definition of the Crime

Section 346.04(3) of the Wisconsin Statutes is violated by a person who operates a

motor vehicle1 on a highway2 after receiving a visual or audible signal from a (traffic

officer) (federal law enforcement officer) (marked police vehicle) (unmarked police

vehicle that the person knows or reasonably should know is being operated by a law

enforcement officer) and knowingly (flees) (attempts to elude) any officer.

CHOOSE THE ALTERNATIVE SUPPORTED BY THE EVIDENCE. IF MORE

THAN ONE ALTERNATIVE IS SUBMITTED, CONNECT THEM WITH “OR” AND

SEE WIS-JI CRIMINAL 517, JURY AGREEMENT...3

[by willful4 disregard of such signal so as to interfere with or endanger (the operation

of the police vehicle) (the traffic officer) (other vehicles) (pedestrians)].

[by increasing the speed of the vehicle (in an attempt to elude) (to flee)].

[by extinguishing the lights of the vehicle (in an attempt to elude) (to flee)].

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 two elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant operated a motor vehicle on a highway5 after receiving a (visual)

(audible) signal from a (traffic officer) (federal law enforcement officer) (marked

police vehicle) (unmarked police vehicle that the person knows or reasonably

should know is being operated by a law enforcement officer).6

(“Traffic officer” means every officer authorized by law to direct or regulate traffic

or to make arrests for violation of traffic regulations.)7

2. The defendant knowingly8 (fled) (attempted to elude) an officer9

[by willful10 disregard of the visual or audible signal so as to (interfere with)

(endanger) (the operation of the police vehicle) (the traffic officer) (other vehicles)

(pedestrians)].

[by increasing the speed of the vehicle (in an attempt to elude) (to flee)].

[by extinguishing the lights of the vehicle (in an attempt to elude) (to flee)].

Deciding About Knowledge

You cannot look into a person’s mind to find knowledge. What a person knows or has

reason to know 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.

Jury’s Decision

If you are satisfied beyond a reasonable doubt that both 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.

ADD THE FOLLOWING IF ONE OF THE MORE SERIOUS OFFENSES

IDENTIFIED IN SEC. 346.17(3)(b), (c), OR (d) IS CHARGED AND THE

EVIDENCE WOULD SUPPORT A FINDING THAT THE FACT INCREASING

THE PENALTY WAS PRESENT:11

[If you find the defendant guilty, you must answer the following question(s):

[“Did the defendant’s operating a vehicle (to flee) (in an attempt to elude) an officer

result in12 (bodily harm to13) (damage to the property of14) another?”

(“Bodily harm” means physical pain or injury, illness, or any impairment of

physical condition.)]

[“Did the defendant’s operating a vehicle (to flee) (in an attempt to elude) an officer

result in15 great bodily harm16 to another?”

“Great bodily harm” means serious bodily injury.]

[“Did the defendant’s operating a vehicle (to flee) (in an attempt to elude) an officer

result in17 death to another?”]

Before you may answer “yes,” you must be satisfied beyond a reasonable doubt that

the answer to that question is “yes.”].