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Wis JI-Criminal 275

Cautionary Instruction: Evidence of Other Acts or Conduct of the Defendant [Required if Requested] - 904.04(2)(a)

activein force · 2025-07-01 – presentas-observed

Evidence Presented

Evidence has been presented regarding other conduct of the defendant for which the

defendant is not on trial.

Specifically, evidence has been presented that the defendant (describe conduct). If you

find that this conduct did occur, you should consider it only on the issue(s) of [CHOOSE

ONLY THOSE THAT APPLY]2 (motive) (opportunity) (intent) (preparation or plan)

(knowledge) (identity) (absence of mistake or accident) (context or background)

(credibility) (identify other issue).3

You may not consider this evidence to conclude that the defendant has a certain

character or a certain character trait and that the defendant acted in conformity with that

trait or character with respect to the offense charged in this case.

Definitions

The evidence was received on the issue(s) of [CHOOSE ONLY THOSE THAT

APPLY]4

[motive, that is, whether the defendant has a reason to desire the result of the offense

charged.]5

[opportunity, that is, whether the defendant had the opportunity to commit the offense

charged.]

[Intent,6 that is, whether the defendant acted with the state of mind that is required for

the offense charged.]

[preparation or plan,7 that is, whether the other conduct of the defendant was part of a

design or scheme that led to the commission of the offense charged.]

[knowledge,8 that is, whether the defendant was aware of facts that are required to

make criminal the offense charged.]

[identity,9 that is, whether the prior conduct of the defendant is so similar to the offense

charged that it tends to identify the defendant as the one who committed the offense

charged.]

[absence of mistake or accident,10 that is, whether the defendant acted with the state of

mind required for the offense charged.]

[context or background, that is, to provide a more complete presentation of the

evidence relating to the offense charged.]11

[credibility, that is, whether the evidence tends to corroborate or undermine the

testimony of a witness in this case.]12

[describe other issue]13

CONTINUE WITH THE FOLLOWING IN ALL CASES

You may consider this evidence only for the purpose(s) I have described, giving it the

weight you determine it deserves. It is not to be used to conclude that the defendant is a

bad person and for that reason is guilty of the offense charged.

History

Wis JI-Criminal 275 (7/2025). Release No. 68. Wisconsin Court System, 7/2025. 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: 6b8a5ad9ffde66867ef72076203f57fd7803412a4f1ed3087edaa5b94bfa4824

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