Wis JI-Criminal 790

INSERT THE FOLLOWING AFTER THE ELEMENTS OF THE CRIME ARE

DEFINED BUT BEFORE THE CONCLUDING PARAGRAPHS.1

Coercion

The defense of coercion is an issue in this case. The defense of coercion allows a

person to engage in conduct that would otherwise be criminal under certain circumstances.

The State must prove by evidence which satisfies you beyond a reasonable doubt that

the defendant was not acting lawfully under the defense of coercion.2

The law allows the defendant to act under the defense of coercion when:

1. A threat by another person [other than the defendant’s co-conspirator]3 caused the

defendant to believe that (his) (her) act was the only means of preventing imminent

death or great bodily harm to (himself) (herself) (or to others).4

A belief may be reasonable even though mistaken, and what is reasonable must

be judged in light of the defendant’s situation, and may include any prior

experiences that bear on the threat the defendant faced.5

2. The threat caused the defendant to act as (he) (she) did.

3. The circumstances establishing coercion continued throughout the defendant’s

conduct.6

This means that (a) the threat persisted, (b) the defendant’s reasonable belief

that the act was the only means of preventing imminent death or great bodily harm

persisted, and (c) the threat continued to cause the defendant to act.

[ADD THE FOLLOWING FOR ONGOING OFFENSES

If you find that, at some point while the defendant engaged in the conduct, there was

a reasonable, safe alternative and the defendant could no longer reasonably believe that the

act was the only means of preventing imminent death or great bodily harm, then the defense

of coercion no longer applies from that point forward.]7

Determining Whether Beliefs Were Reasonable

In determining whether the defendant’s beliefs were reasonable, the standard is what

a person of ordinary intelligence and prudence would have believed in the defendant’s

position under the circumstances that existed at the time of the alleged offense, including

(his) (her) prior experiences that bear upon the threat. The reasonableness of the

defendant’s beliefs must be determined from the standpoint of the defendant at the time of

(his) (her) acts and not from the viewpoint of the jury now.

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all _______ elements of this offense

have been proved,8 and that the defendant did not act lawfully under the defense of

coercion, you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.