WI · jury_instructions
Wis JI-Criminal 770
Mistake
ADD THE FOLLOWING TO THE INSTRUCTION 2 ON THE OFFENSE CHARGED
IMMEDIATELY AFTER THE DESCRIPTION OF THE MENTAL ELEMENT TO
WHICH THE EVIDENCE OF MISTAKE RELATES.
Mistake
Evidence has been received which, if believed by you, tends to show that the defendant
believed that [HERE IDENTIFY THE DEFENDANT'S BELIEF]. 3 You must consider this
evidence in deciding whether the defendant acted with the (describe mental state) required
for this offense.
If an honest error of fact results in a person's not having the (intent) (knowledge) 4
required for a crime, the person is not guilty of that crime.
Before you may find the defendant guilty, the State must prove by evidence that satisfies
you beyond a reasonable doubt that the defendant (describe mental state). 5
History
Wis JI-Criminal 770 (2010). Release No. 48, 5/2010. © 2010, 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
deda02c5ed8cbba8743b6cbd2f9ad5ebf532f12ea677fa0f2a52342f342a6661
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