WI · jury_instructions
Wis JI-Criminal 6042
Delivery of an Imitation Controlled Substance: Misdemeanor
Statutory Definition of the Crime
The Wisconsin Statutes make it a crime to offer to have any controlled substance
unlawfully delivered to another person and then to deliver a substance which 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 two elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant offered to have a controlled substance unlawfully delivered to
(name recipient).
"Deliver" means to transfer or attempt to transfer something from one person
to another. 2
(Name controlled substance) is a controlled substance which is unlawful to
deliver. 3
This element requires that the defendant indicated by words or conduct that
the substance was (name controlled substance). 4
2. The defendant [delivered] [arranged to have delivered] 5 a substance to (name
recipient) that was not a name controlled substance.
It is not necessary for the State to establish what the substance was. It is
sufficient if the substance was not a name controlled substance.
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.
History
Wis JI-Criminal 6042 (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
4dadf0acf16e19e8bc96cb164b1e50f1390c2424c6c7b6626c8e606c38428f84
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