Wis JI-Criminal 420

[The defendant] [One of the defendants] in this case is a Wisconsin corporation. A

corporation is a legal entity that can act only through its agents.

(Name of defendant) is charged with committing the crime of (charged crime), on the

basis that the crime was directly committed by (name of agent), 1 an agent of (name of

defendant).

State's Burden of Proof

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

satisfies you beyond a reasonable doubt that the following three elements were present.

Elements of the Crime That the State Must Prove

1. (Name of agent) committed the crime of (name charged crime).

2. (Name of agent) was an agent of (name of defendant).

3. (Name of agent) was acting within the scope of employment.

Statutory Definition of the Crime

The crime of (charged crime), as defined in § _____ [of the Criminal Code of

Wisconsin], 2 is committed by one who

[LIST THE ELEMENTS OF THE CHARGED CRIME AS IDENTIFIED IN THE

APPLICABLE UNIFORM INSTRUCTION. USE THE NAME OF THE

ALLEGED AGENT IN PLACE OF "THE DEFENDANT" THAT IS TYPICALLY

USED. ADD DEFINITIONS FROM THE UNIFORM INSTRUCTION AS

NECESSARY.]

Next consider whether (name of agent) was an agent of (name of defendant) and

committed (charged crime) while acting within the scope of employment.

Meaning of "Agent"

Agents are officers, directors, employees, or other people who are authorized by a

corporation to act for it.

Meaning of "Scope of Employment"

Agents are within the scope of employment when they perform acts they have the express

or implied authority to perform and their actions benefit or are intended to benefit the interest

of the corporation. When agents step aside from acts they are hired to perform and do

something for their own reasons or for reasons not related to the business of the employer,

their acts are outside the scope of employment.

[ADD THE FOLLOWING IF SUPPORTED BY THE EVIDENCE.]

[A corporation may be responsible for the actions of its agent done within the scope of

employment and to benefit the corporation, even though the conduct of the agent may be

contrary to the corporation's actual instructions or stated policies. The existence of such

instructions and policies, however, if any exist, may be considered by you in determining if

the agent was acting within the scope of employment or to benefit the corporation.] 3

[ADD THE FOLLOWING IF SUPPORTED BY THE EVIDENCE.]

[If you find that an act of an agent was not committed within the scope of the agent's

employment or with intent to benefit the corporation, then you must consider whether the

corporation later approved the act. An act is approved if, after it is performed, another agent

of the corporation, having full knowledge of the act and acting within the scope of

employment and with intent to benefit the corporation, approved the act by words or conduct.

A corporation is responsible for any act or omission approved by its agents.] 4

Jury's Decision

If you are satisfied beyond a reasonable doubt that (name of agent) committed all the

elements of the crime of (name charged crime), that (name of agent) was an agent of

(name of defendant), and that (name of agent) was acting within the scope of employment,

you should find (name of defendant) guilty.

If you are not so satisfied, you must find (name of defendant) not guilty.