WI · jury_instructions
Wis JI-Criminal 6040
Delivery of an Imitation Controlled Substance: Felony
Statutory Definition of the Crime
The Wisconsin Statutes make it a crime to deliver 2 a substance to another person and
represent to that person that the substance is a controlled substance, knowing that it is not
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 four elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant delivered 3 a substance 4 to (name recipient).
"Deliver" means to transfer or attempt to transfer something from one person
to another. 5
2. The defendant represented to (name recipient) that the substance was (name
controlled substance).
(Name controlled substance) is a controlled substance. 6
This requires that the defendant indicated by words or conduct that the
substance was (name controlled substance). 7
3. The substance was not a controlled substance.
It is not necessary for the State to establish what the substance was. It is
sufficient if the substance was not a controlled substance. 8
4. The defendant knew the substance was not a controlled substance. 9
Deciding About Knowledge
You cannot look into a person's mind to determine 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 four 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.
History
Wis JI-Criminal 6040 (2006). Release No. 44, 5/2006. © 2006, Regents, Univ. of Wis. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
e2c7ea8fe24db24d5ecfd81bdbde83326f205220a72117719890694bfb778862
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