Wis JI-Criminal 6031

Statutory Definition of the Crime

The Wisconsin Statutes make it a crime to possess or attempt to possess (name

controlled substance)1. (Name controlled substance)2 is a controlled substance whose

possession is prohibited by law.]3

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

were present.

Elements of the Crime That the State Must Prove

1. The defendant attempted to possess a substance.

Attempt requires that the defendant intended to possess (name controlled

substance) and did acts which indicated unequivocally that the defendant intended

to possess (name controlled substance) and would have done so except for the

intervention of another person or some other extraneous factor.4

“Possessed” means that the defendant knowingly5 had actual physical control6

of a substance.

[It is not necessary that the quantity of the substance be substantial. Any

amount is sufficient.]7

2. 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.]8

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

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