Wis JI-Criminal 406

Party to a Crime

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.

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

(name crime charged) 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. A person who

intentionally aids and abets the commission of one crime is also guilty of any other crime

which is committed as a natural and probable consequence of the intended crime.

State's Burden of Proof – 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 intentionally aided and abetted the

commission of the crime of (name intended crime), that (name charged crime) was

committed, and that under the circumstances, (name charged crime) was a natural and

probable consequence of the (name intended crime).

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.

[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.]

First consider whether the defendant intentionally aided and abetted the crime of (name

intended crime).

Statutory Definition of the Intended Crime

(Name intended crime), as defined in § _______ of the Criminal Code of Wisconsin, is

committed by one who (state the elements of the intended crime). 2

State's Burden of Proof – Intended Crime

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

following _______ 3 elements of (name intended crime) were present.

Elements of the Intended Crime That the State Must Prove

DEFINE THE ELEMENTS OF THE INTENDED CRIME. USE THE

APPROPRIATE UNIFORM INSTRUCTIONS, OMITTING THE LAST TWO

PARAGRAPHS. USE THE NAME OF THE PERSON WHO DIRECTLY

COMMITTED THE CRIME IN PLACE OF "THE DEFENDANT" THAT IS

TYPICALLY USED IN THE UNIFORM INSTRUCTION. IF THE NAME IS

NOT KNOWN, USE "THE PERSON" OR "THE OTHER PERSON." 4

Next consider whether the crime of (name charged crime) was committed.

Statutory Definition of the Charged Crime

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

committed by one who (state the elements of the charged crime). 5

State's Burden of Proof – Charged Crime

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

following _______ 6 elements of (name charged crime) were present.

Elements of the Charged 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." 7

Natural and Probable Consequences

Finally, consider whether under the circumstances (name charged crime) was a natural

and probable consequence of (name intended crime). 8

A crime is a natural and probable consequence of another crime if, in the light of

ordinary experience, it was a result to be expected, not an extraordinary or surprising result.

The probability that one crime would result from another should be judged by the facts and

circumstances known to the defendant at the time the events occurred. If the defendant knew,

or if a reasonable person in the defendant's position would have known, that the crime of

(name charged crime) was likely to result from the commission of (name intended crime),

then you may find that under the circumstances (name charged crime) was a natural and

probable consequence of (name intended crime).

Jury's Decision

If you are satisfied beyond a reasonable doubt that the defendant intentionally aided and

abetted the commission of the crime of (name intended crime), that (name charged crime)

was committed, and that under the circumstances, (name charged crime) was a natural and

probable consequence of the (name intended crime), you should find the defendant guilty.

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