Wis JI-Criminal 791

INSERT THE FOLLOWING AFTER THE ELEMENTS OF THE CRIME ARE

DEFINED BUT BEFORE THE CONCLUDING PARAGRAPHS.2

Defense for a victim of human trafficking or trafficking of a child

The defense for a victim of (human trafficking) (trafficking of a child) is an issue in

this case. This defense 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 this defense.3

The law allows the defendant to act under this defense if the defendant was a victim

of (human trafficking) (trafficking of a child) and the offense of (identify crime)4 was

committed as a direct result of (human trafficking) (trafficking of a child).

CONTINUE WITH THE APPROPRIATE BRACKETED OPTION(S)

[Human trafficking, as defined in section 940.302 of the Criminal Code of Wisconsin,

is committed by one who knowingly [(recruits) (entices) (harbors) (transports) (provides)

(obtains)] [attempts to (recruit) (entice) (harbor) (transport) (provide) (obtain)] an

individual for the purpose of (labor or services) (a commercial sex act5) and does so by

(insert applicable term or terms.)6]

[Trafficking of a child, as defined in section 948.051 of the Criminal Code of

Wisconsin, is committed by one who knowingly [(recruits) (entices) (provides) (obtains)

(harbors) (transports) (patronizes) (solicits)] [attempts to (recruit) (entice) (provide)

(obtain) (harbor) (transport) (patronize) (solicit)] any child for the purpose of commercial

sex acts.7

“Commercial sex act” means (sexual contact) (sexual intercourse) (sexually

explicit performance) (any conduct done for the purpose of sexual humiliation,

degradation, arousal, or gratification) for which anything of value is given to,

promised, or received, directly or indirectly, by any person.8]

This defense applies to any offense committed as a direct result of (human trafficking)

(trafficking of a child) without regard to whether anyone was prosecuted or convicted for

(human trafficking) (trafficking of a child).9

Direct Result

An offense is committed as a direct result of (human trafficking) (trafficking of a child)

if there is a logical, causal connection between the offense and the trafficking such that the

offense is not the result, in significant part, of other events, circumstances, or

considerations apart from the trafficking.10 The offense need not be a foreseeable result of

the trafficking and need not proceed relatively immediately from the trafficking.11

Jury’s Decision

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

have been proved,12 and that the defendant did not act lawfully under the defense of being

a victim of (human trafficking) (trafficking of a child), you should find the defendant

guilty.

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