Wis JI-Criminal 6038

Statutory Definition of the Crime

The Wisconsin Statutes1 make it a crime to acquire possession of (name controlled

substance)2 by misrepresentation.

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 five elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant obtained possession of a substance.3

“Possession” means that the defendant knowingly4 had actual physical control

of a substance.5

2. The substance was (name controlled substance).6 (Name controlled substance) is

a controlled substance whose possession is regulated by law.

3. The defendant believed that the substance was [(name controlled substance)] [a

controlled substance. A controlled substance is a substance the possession of

which is regulated by law.]7

4. The defendant obtained possession of the substance by misrepresentation made

with the intent to deceive another and with intent to induce that person to rely and

act thereon.8

This element requires that the defendant intended to deceive (name

person) and intended to induce (name person) to rely and act on the

misrepresentation.

5. (Name person) was deceived by the misrepresentation.

This requires that (name person) must have been induced to and did in fact part

with possession of the (name controlled substance) in reliance upon the

misrepresentation.

Deciding About Belief and Intent

You cannot look into a person's mind to find belief or intent. While belief and intent

must be found as a fact before you can find the defendant guilty, they must be found, if

found at all, from any acts, words, or statements bearing upon belief and intent.

Jury’s Decision

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