Wis JI-Criminal 5024

Statutory Definition of the Crime

Section 101.10(3)(e) of the Wisconsin Statutes is violated by one who intentionally

(takes) (carries away) (uses) (conceals) (retains possession of) 1 anhydrous ammonia or

anhydrous ammonia equipment belonging to another, without consent and with intent to

deprive the owner permanently of possession of the anhydrous ammonia or anhydrous

ammonia equipment.

State's Burden of Proof

Before you may find the defendant guilty of this offense, the State must prove by

evidence which satisfies you beyond a reasonable doubt that the following four elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant intentionally took (anhydrous ammonia) (anhydrous ammonia

equipment) belonging to another.

The term "intentionally" requires that the defendant had the mental purpose

to take property. 2

["Anhydrous ammonia equipment" means any equipment that is used in the

application of anhydrous ammonia for an agricultural purpose or that is used to

store, hold, transport or transfer anhydrous ammonia.] 3

2. The owner of the (anhydrous ammonia) (anhydrous ammonia equipment) did not

consent 4 to the taking.

3. The defendant knew that the owner did not consent. 5

4. The defendant intended to deprive the owner permanently of the possession of

the (anhydrous ammonia) (anhydrous ammonia equipment).

Deciding About Intent and Knowledge

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

intent must be found, if found at all, from the defendant's acts, words, and statements, if

any, and from all the facts and circumstances in this case bearing upon knowledge and

intent. 6

Jury's Decision

If you are satisfied beyond a reasonable doubt that all four elements of this offense

have been proved, you should find the defendant guilty.

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