Wis JI-Criminal 407

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 contends1 that the defendant was concerned in the commission of the following

crimes by intentionally aiding and abetting the person who directly committed them: (name

each crime charged).

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:

Χ assists the person who commits the crime; or

Χ 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 charged), 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

Before you may find the defendant guilty of any of the crimes charged, the State must

prove by evidence which satisfies you beyond a reasonable doubt that the defendant

intentionally aided and abetted the commission of that crime.

The crime charged in Count One is (name crime charged).

Statutory Definition of (Name Crime Charged)

(Name crime charged in Count One), as defined in § _______ of the Criminal Code of

Wisconsin, is committed by one who (state the elements of the crime). 3

State's Burden of Proof

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

following _______ 4 elements of (name crime charged in count One) were present.

Elements of (Name Crime Charged) That the State Must Prove

DEFINE THE ELEMENTS OF THE CRIME CHARGED IN COUNT ONE. USE

THE APPROPRIATE UNIFORM INSTRUCTION, 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." 5

Jury's Decision – Party to the Crime of (Name Crime Charged in Count One)

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

abetted the commission of (name crime charged in Count One), you should find the

defendant guilty.

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

The crime charged in Count Two is (name crime charged).

Statutory Definition of (Name Crime Charged)

(Name crime charged in Count Two), as defined in § _______ of the Criminal Code of

Wisconsin, is committed by one who (state the elements of the crime). 6

State's Burden of Proof

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

following _______ 7 elements of (name crime charged in Count Two) were present.

Elements of (Name Crime Charged) That the State Must Prove

DEFINE THE ELEMENTS OF THE CRIME CHARGED IN COUNT TWO. USE

THE APPROPRIATE UNIFORM INSTRUCTION, 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." 8

Jury's Decision – Party to the Crime of (Name Crime Charged in Count Two)

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

abetted the commission of (name crime charged in Count Two), you should find the

defendant guilty.

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

REPEAT THE ABOVE FOR EACH ADDITIONAL COUNT.