Wis JI-Criminal 6110

Statutory Definition of the Crime

The Wisconsin Statutes make it a crime to possess a prescription drug with intent to

deliver.

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 possessed a substance.

"Possessed" means that the defendant knowingly1 had actual physical

control 2 of a substance.

[It is not necessary that the quantity of the substance be substantial. Any

amount is sufficient.] 3

2. The substance was a prescription drug.

3. The defendant knew or believed that the substance was a prescription drug. 4

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. 5

4. The defendant intended to deliver a prescription drug.

"Deliver" means to transfer or attempt to transfer from one person to another. 6

"Intended to deliver" means that the defendant had the purpose to deliver. 7

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 of the facts and circumstances in this case bearing upon

intent and knowledge. As a part of the circumstances, you may consider the quantity and

monetary value of the substance. 8

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.