Wis JI-Criminal 6020

Statutory Definition of the Crime

The Wisconsin Statutes make it a crime to deliver1 a controlled substance.

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 three elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant delivered a substance.

“Deliver” means to transfer or attempt to transfer something from one person

to another.2

2. The substance was (name controlled substance).3 (Name controlled substance) is

a controlled substance whose delivery is prohibited by law.

3. The defendant knew or believed that the substance was [(name controlled

substance)] [a controlled substance. A controlled substance is a substance the

delivery of which is prohibited by law.]4

IF THERE IS EVIDENCE THAT THE DEFENDANT KNEW THE

SUBSTANCE BY A STREET NAME, INSERT THE FOLLOWING

PARAGRAPH:

[This element does not require that the defendant knew the precise chemical

or scientific name of the substance. If you are satisfied beyond a reasonable doubt

that (street name) is a street name for (name controlled substance) and that the

defendant knew or believed the substance was (street name), you may find that the

defendant knew or believed the substance was a controlled substance.]

Deciding About Knowledge or Belief

You cannot look into a person’s mind to find knowledge or belief. Knowledge or belief

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.

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all three 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.