WI · jury_instructions
Wis JI-Criminal 6065
Possessing Materials for Manufacturing Methamphetamine
Statutory Definition of the Crime
The Wisconsin Statutes make it a crime to possess (insert name of substance) 1 with
intent to manufacture methamphetamine.
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 possessed a substance, (insert name of substance). 2
"Possessed" means that the defendant knowingly 3 had actual physical control of
that substance. 4
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.] 5
2. The defendant possessed (insert name of substance) with intent to manufacture
methamphetamine.
"Intent to manufacture methamphetamine" means that the defendant had
the purpose to manufacture methamphetamine.
"Manufacture methamphetamine" means to produce 6 methamphetamine.
With respect to intent to manufacture methamphetamine, you cannot
look into a person's mind to find intent. Intent must be found, if found at all,
from the defendant's acts, words, and statements, if any, and from all of the
facts and circumstances in this case bearing upon intent. As part of the
circumstances, you may consider the quantity and monetary value of the
substance possessed.
[ADD THE FOLLOWING IF THERE IS EVIDENCE OF POSSESSION OF
MORE THAN 9 GRAMS OF EPHEDRINE OR PSEUDOEPHEDRINE.] 7
[Evidence has been received that the defendant possessed more
than 9 grams of (ephedrine) (pseudoephedrine).
If you are satisfied beyond a reasonable doubt that the defendant
possessed more than 9 grams of (ephedrine) (pseudoephedrine), you
may find from this fact alone that the defendant intended to
manufacture methamphetamine, but you are not required to do so.
You are the sole judges of the facts, and you must not find that the
defendant intended to manufacture methamphetamine unless you are
so satisfied beyond a reasonable doubt from all the evidence in the
case.]
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 6065 (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
809691147fa26d238d5c9905947ecc5a5b972da6c8c8c6a8461d9eb950103f10
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