Wis JI-Criminal 410 (example)

410 EXAMPLE PARTY TO CRIME: CONSPIRACY TO COMMIT

BURGLARY

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 that the defendant was concerned in the commission of the crime of

burglary as a member of a conspiracy to commit that crime.

If a person is a member of a conspiracy to commit a crime and that crime is committed

by any member of the conspiracy, then that person and all members of the conspiracy are

guilty of the crime.

Definition of Being A Member of a Conspiracy

A person is a member of a conspiracy if, with intent that a crime be committed, the

person agrees with or joins with another for the purpose of committing that crime. A

conspiracy is a mutual understanding to accomplish some common criminal objective or to

work together for a common criminal purpose. It is not necessary that the conspirators had

any express or formal agreement, or that they had a meeting, or even that they all knew each

other.

[IF WITHDRAWAL IS AN ISSUE, INSERT WIS JI-CRIMINAL 412.]

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 crime of burglary was committed and that

the defendant was a member of a conspiracy to commit that crime.

Statutory Definition of the Crime

Burglary, as defined in § 943.01 of the Criminal Code of Wisconsin, is committed by one

who intentionally enters a building without the consent of the person in lawful possession

and with intent to steal.

410 EXAMPLE WIS JI-CRIMINAL 410 EXAMPLE

State's Burden of Proof

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

following four elements of burglary were present.

Elements of the Crime That the State Must Prove

1. A member of the conspiracy intentionally entered a building.

2. A member of the conspiracy entered the building without the consent of the person

in lawful possession.

3. A member of the conspiracy knew that the entry was without consent.

4. A member of the conspiracy entered the building with intent to steal.

"Intent to steal" requires the mental purpose to take and carry away movable

property of another without consent and intent to deprive the owner permanently of

possession of the property. [It requires knowledge that the property belonged to another

and knowledge that the person did not consent to the taking of the property.]

When Must Intent Exist?

The intent to steal must be formed before entry is made. The intent to steal, which is an

essential element of burglary, is no more or less than the mental purpose to steal formed at

any time before the entry, which continued to exist at the time of the entry.

Deciding About Intent and Knowledge

You cannot look into a person's mind to find intent and knowledge. Intent and

knowledge must be found, if found at all, from acts, words, and statements, if any, and from

all the facts and circumstances in this case bearing upon intent and knowledge.

Jury's Decision

If you are satisfied beyond a reasonable doubt that the defendant was a member of a

conspiracy to commit burglary and the crime was committed by a member of the conspiracy

[and that the defendant did not withdraw before the crime was committed], you should find

the defendant guilty.

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

410 EXAMPLE WIS JI-CRIMINAL 410 EXAMPLE