Wis JI-Criminal 792

INSERT THE FOLLOWING AFTER THE ELEMENTS OF THE CRIME ARE

DEFINED BUT BEFORE THE CONCLUDING PARAGRAPHS. 1

Necessity

The defense of necessity is an issue in this case. The defense of necessity 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 necessity.

The law allows the defendant to act under the defense of necessity only if the pressure of

natural physical forces 2 caused the defendant to believe that his act was the only means 3 of

preventing [imminent public disaster] [imminent death or great bodily harm to himself (or to

others)] and which pressure caused him to act as he did. 4

In addition, the defendant's beliefs must have been reasonable. A belief may be

reasonable even though mistaken. 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. The reasonableness of the defendant's beliefs must be determined from the

standpoint of the defendant at the time of his 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, 5 and that the defendant did not act lawfully under the defense of necessity,

you should find the defendant guilty.

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