WI · jury_instructions
Wis JI-Criminal 6044
Possession of Methamphetamine Waste
Statutory Definition of the Crime
The Wisconsin Statutes make it a crime to knowingly possess methamphetamine
manufacturing waste.
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 knowingly possessed a substance.
"Possessed" means that the defendant knowingly 1 had actual physical control
of a substance. 2
ADD THE FOLLOWING PARAGRAPHS THAT ARE
SUPPORTED BY THE EVIDENCE.
[A substance is (also) in a person's possession if it is in an area over which
the person has control and the person intends to exercise control over the
substance.]
[It is not required that a person own a substance in order to possess it.
What is required is that the person exercise control over the substance.]
[Possession may be shared with another person. If a person exercises
control over a substance, the substance is in that person's possession, even
though another person may also have similar control.]
[It is not necessary that the quantity of the substance be substantial. Any
amount is sufficient.] 3
2. The substance was methamphetamine manufacturing waste.
3. The defendant knew that the substance was methamphetamine manufacturing
waste. 4
Meaning of "Methamphetamine Manufacturing Waste"
"Methamphetamine manufacturing waste" means any solid, semisolid, liquid or
contained gaseous material or article that results from or is produced by the manufacture
of methamphetamine. 5
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 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.
History
Wis JI-Criminal 6044 (2009). Release No. 47, 7/2009. © 2009, 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
7bf47bc58549c494e58001c41e28964408b179eff826a4850700ce916bf1e0e8
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