Wis JI-Criminal 6037A

Statutory Definition of the Crime

Section 961.42 of the Wisconsin Statutes provides that it is unlawful for any person

knowingly to keep or maintain any structure or place 2 which is resorted to by persons

using controlled substances in violation of Chapter 961 for the purpose of using

controlled substances.

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 kept or maintained a structure or place. 3

To keep or maintain a place is to exercise management or control over the

place.

This element does not require that the defendant owned (name of place),

but it does require that the defendant exercised management or control of the

place in question. 4

2. The place was resorted to by persons using controlled substances in violation of

Chapter 961 for the purpose of using controlled substances.

(Name substance) is a controlled substance, the use of which violates

Chapter 961. 5

3. The defendant kept or maintained the place knowingly.

"Knowingly" requires that the defendant knew that the place was resorted to

by persons using controlled substances for the purpose of using controlled

substances. 6

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 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.