Wis JI-Criminal 6100

Statutory Definition of the Crime

Section 450.11(7) of the Wisconsin Statutes is violated by one who obtains a

prescription drug by willful misrepresentation. 1

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 obtained a prescription drug.

A prescription drug is a drug intended for use by humans or animals that is

available only on the prescription of a practitioner licensed to administer that

drug. 2

2. The defendant knew or believed that the substance was a prescription drug. 3

3. The defendant obtained the prescription drug by a willful misrepresentation.

This requires that the defendant intended to deceive (name person) and

intended to induce (name person) to rely and act on the misrepresentation.

This element also requires that (name person) was deceived by the

misrepresentation. (Name person) must have been induced to and must have in

fact parted with possession of the prescription drug in reliance upon the

misrepresentation.

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.