Wis JI-Criminal 400

Section 939.05 of the Criminal Code of Wisconsin provides that whoever is concerned in

the commission of a crime is a party to that crime and may be convicted of that crime

although that person did not directly commit it.

Two Ways in Which Defendant Can Be a Party to a Crime

The State contends 1 that the defendant was concerned in the commission of the crime of

(name crime charged) by either directly committing it or by intentionally aiding and abetting

the person who directly committed it. If a person intentionally aids and abets the commission

of a crime, then that person is guilty of the crime as well as the person who directly

committed it.

Definition of Aiding and Abetting

A person intentionally aids and abets the commission of a crime when, acting with

knowledge or belief that another person is committing or intends to commit a crime, (he)

(she) knowingly either:

• assists the person who commits the crime; or

• is ready and willing to assist and the person who commits the crime knows of the

willingness to assist.

To intentionally aid and abet (name crime charge), the defendant must know that

another person is committing or intends to commit the crime of (name crime charged) and

have the purpose to assist the commission of that crime. 2

[USE THE FOLLOWING IF SUPPORTED BY THE EVIDENCE.]

[However, a person does not aid and abet if (he) (she) is only a bystander or spectator

and does nothing to assist the commission of a crime.]

State's Burden of Proof B Party To A Crime

Before you may find the defendant guilty, the State must prove by evidence which

satisfies you beyond a reasonable doubt that the defendant directly committed the crime of

(name crime charged) or intentionally aided and abetted the commission of that crime.

Unanimous Agreement Not Required Regarding Theory Of Party To A Crime

All twelve jurors do not have to agree whether the defendant directly committed the

crime or aided and abetted the commission of the crime. However, each juror must be

convinced beyond a reasonable doubt that the defendant was concerned in the commission of

the crime in one of those ways. 3

Statutory Definition of the Crime

(Name crime charged), as defined in § _________ of the Criminal Code of Wisconsin,

is committed by one who (state the elements of the crime). 4

State's Burden of Proof

The State must prove by evidence which satisfies you beyond a reasonable doubt that the

following ______ 5 elements of (name crime charged) were present.

Elements of the Crime That the State Must Prove

DEFINE THE ELEMENTS OF THE CHARGED CRIME. USE THE

APPROPRIATE UNIFORM INSTRUCTIONS, OMITTING THE LAST TWO

PARAGRAPHS. USE "THE DEFENDANT OR (NAME OF OTHER PERSON) "

IN PLACE OF "THE DEFENDANT" THAT IS TYPICALLY USED IN THE

UNIFORM INSTRUCTION. IF THE NAME IS NOT KNOWN, USE "THE

DEFENDANT OR ANOTHER PERSON. " 6

Jury's Decision

If you are satisfied beyond a reasonable doubt that the defendant directly committed all

______ 7 elements of (name crime charged) or that the defendant intentionally aided and

abetted the commission of that crime, you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.