Wis JI-Criminal 6047

Statutory Definition of the Crime

The Wisconsin Statutes make it a crime for a person who has attained the age of 17

years to knowingly solicit a child 2 for the purpose of delivering 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 knowingly solicited (name of child) for the purpose of 3

delivering 4 a substance.

"Deliver" means to transfer or attempt to transfer something from one person

to another. 5

"Solicit" means to advise another person to commit a crime under

circumstances that indicate, unequivocally, that the person intends that the crime

be committed. 6

"Unequivocally" means that no other inference or conclusion can reasonably

and fairly be drawn from the defendant's conduct, under the circumstances. 7

Before you may find the defendant guilty, you must be satisfied beyond a

reasonable doubt that the defendant advised (name of child) to deliver (name

controlled substance) and intended that (name of child) deliver (name

controlled substance). However, it is not required that any delivery actually

took place. It is sufficient if the defendant solicited (name of child) for the

purpose of delivering. 8

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

is a controlled substance whose possession is prohibited by law.

3. (Name of child) was a child, that is, had not attained the age of 18 years at the

time of the alleged delivery.

Knowledge of (name of child) 's age by the defendant is not required and

mistake regarding (name of child) 's age is not a defense.

4. The defendant had attained the age of 17 years at the time of the alleged delivery.

Deciding About Knowledge and Purpose

You cannot look into a person's mind to find knowledge and purpose. Knowledge

and purpose 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 and purpose.

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.