Wis JI-Criminal 6053

Statutory Definition of the Crime

The Wisconsin Statutes make it a crime to possess drug paraphernalia with the

primary intent to use the drug paraphernalia to manufacture 1 methamphetamine in

violation of Chapter 961 of the Wisconsin Statutes. 2

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 possessed an item.

"Possessed" means that the defendant knowingly 3 had actual physical control

of an item. 4

ADD THE FOLLOWING PARAGRAPHS THAT ARE

SUPPORTED BY THE EVIDENCE:

[An item 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 item.]

[It is not required that a person own an item in order to possess it. What

is required is that the person exercise control over the item.]

[Possession may be shared with another person. If a person exercises

control over an item, the item is in that person's possession, even though

another person may also have similar control.]

2. The item in question was drug paraphernalia.

"Drug paraphernalia" means all equipment, products, and materials of any

kind that are used, designed for use, or primarily intended for use to manufacture

methamphetamine. 5

3. The defendant possessed drug paraphernalia with the primary intent 6 to use it to

manufacture methamphetamine.

"Intent to manufacture methamphetamine" means that the defendant had the

purpose to manufacture methamphetamine.

"Manufacture methamphetamine"means to produce 7 methamphetamine.

Deciding About Intent and Knowledge

You cannot look into a person's mind to find intent or knowledge. Intent and

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

intent and 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.

ADD THE FOLLOWING IF THE OFFENSE WAS CHARGED AS A CLASS

G FELONY AND THERE IS EVIDENCE THAT IT WAS COMMITTED IN

THE PRESENCE OF A CHILD WHO WAS 14 YEARS OF AGE OR

YOUNGER. 8

If you find the defendant guilty, you must answer the following question:

1. "Had the defendant attained the age of 18 years at the time of the offense?"

If you answer question 1. "yes," you must answer question 2.

If you answer question 1. "no," do not answer question 2.

2. "Did the defendant commit this offense while in the presence of a child who was

14 years of age or younger?"

Before you may answer a question "yes," you must be satisfied beyond a reasonable

doubt that the answer is "yes."

If you are not so satisfied, you must answer the question "no."