Wis JI-Criminal 6035

Statutory Definition of the Crime

The Wisconsin Statutes make it a crime to possess a controlled substance with intent

to deliver.

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 Possession With Intent To Deliver That the State Must Prove

1. The defendant possessed a substance.

“Possessed” means that the defendant knowingly1 had actual physical control2

of a substance.

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

amount is sufficient.]3

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

controlled substance whose possession 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

possession 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.]

4. The defendant intended to deliver (name controlled substance).

“Deliver” means to transfer or attempt to transfer from one person to another.5

“Intended to deliver” means that the defendant had the purpose to deliver or

was aware that (his) (her) conduct was practically certain to cause delivery.6

Deciding About Intent and Knowledge

You cannot look into a person’s mind to find intent and knowledge. Intent and

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. As a

part of the circumstances, you may consider the quantity and monetary value of the

substance.7

Jury’s Decision

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

a controlled substance with intent to deliver have been proved, you should find the

defendant guilty.

If you are not so satisfied, you must not find the defendant guilty of possession with

intent to deliver,8 [CONTINUE WITH THE FOLLOWING IF THE LESSER INCLUDED

OFFENSE IS SUBMITTED] and you should consider whether the defendant is guilty of

possession of (name controlled substance) in violation of section 961.41_____9 of the

Wisconsin Statutes.

Make Every Reasonable Effort to Agree

You should make every reasonable effort to agree unanimously on your verdict on the

charge of possession with intent to deliver before considering the offense of possession.

However, if after full and complete consideration of the evidence, you conclude that further

deliberation would not result in unanimous agreement on the charge of possession with

intent to deliver, you should consider whether the defendant is guilty of possession of

(name controlled substance).

Elements of Possession Of A Controlled Substance That the State Must Prove

1. The defendant possessed a substance.

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

controlled substance whose possession 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

possession of which is prohibited by law.]10

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 of possession of a controlled

substance.

You are not, in any event, to find the defendant guilty of more than one of the foregoing

offenses. If you are satisfied beyond a reasonable doubt that the defendant possessed a

controlled substance with intent to deliver, the offense charged in the information, you

should find the defendant guilty of that offense, and you must not find the defendant guilty

of the other lesser included offense I have submitted to you.

If you are not satisfied beyond a reasonable doubt from the evidence in this case that

the defendant committed either one of the offenses I have submitted to you, you must find

the defendant not guilty.