Wis JI-Criminal 580

The defendant is charged with attempted (name intended crime).

Statutory Definition of the Crime

The crime of attempted (name intended crime), as defined in § 939.32 and § 1

of

the Criminal Code of Wisconsin, is committed by one who, with intent to commit (name

intended crime), does acts toward the commission of that crime which demonstrate

unequivocally, under all of the circumstances, that he or she had formed that intent and

would commit the crime except for the intervention of another person or some other

extraneous factor.

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 two elements 2

were present.

Elements of the Crime That the State Must Prove

1. The first element of attempted (name intended crime) requires that the defendant

intended 3 to commit the crime of (name intended crime).

The crime of (name intended crime) is committed by one who

LIST THE ELEMENTS OF THE INTENDED CRIME AS

IDENTIFIED IN THE UNIFORM INSTRUCTION. ADD

DEFINITIONS FROM THE UNIFORM INSTRUCTIONS AS

NECESSARY. 4

The crime charged against the defendant in this case, however, is not (name

intended crime) as defined but an attempt to commit the crime of (name intended

crime).

2. The second element of attempted (name intended crime) requires that the defendant

did acts toward the commission of the crime of (name intended crime) which

demonstrate unequivocally, under all of the circumstances, that the defendant

intended to and would have committed the crime of (name intended crime) except

for the intervention of another person or some other extraneous factor. 5

Meaning of "Unequivocally"

"Unequivocally" means that no other inference or conclusion can reasonably and fairly

be drawn from the defendant's acts, under the circumstances. 6

Meaning of "Another Person"

"Another person" means anyone but the defendant and may include the intended victim.

Meaning of "Extraneous Factor"

An "extraneous factor" 7 is something outside the knowledge of the defendant or outside

the defendant's control. 8

Deciding About Intent

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

Jury's Decision

If you are satisfied beyond a reasonable doubt that all the elements of attempted (name

intended crime) have been proved, you should find the defendant guilty.

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