WI · jury_instructions
Wis JI-Criminal 870
Privilege: Conduct in Good Faith and in an Apparently Authorized and Reasonable Fulfillment of Duties of a Public Office
[INSERT THE FOLLOWING AFTER THE ELEMENTS OF THE CRIME ARE
DEFINED BUT BEFORE THE CONCLUDING PARAGRAPHS.]
Privilege Of A Public Office
The privilege of fulfillment of the duties of a public office is an issue in this case. The law
provides that a person is privileged to engage in conduct that would otherwise be criminal if:
• First, the defendant acted in good faith.
“Good faith” means that the defendant believed that (his) (her) conduct was an authorized and
reasonable fulfillment of (his) (her) duties as a (specify the public office).1
• Second, the defendant’s conduct was an apparently authorized and reasonable fulfillment
of the duties of a public office.
The duties of a (specify the public office) include: (specify duties).2
“Apparently authorized” means that a reasonable person would believe that the defendant had
the authority to act in the manner (he) (she) did.
“Reasonable fulfillment” of duties means that the defendant’s conduct was necessary and
proportional in responding to the interests at stake.3
State’s Burden of Proof
The State must prove by evidence which satisfies you beyond a reasonable doubt that the
defendant did not act lawfully within the scope of the privilege of a public office.
Jury’s Decision
If you are satisfied beyond a reasonable doubt that all _____ elements of ____________4
have been proved and that the defendant did not act lawfully within the scope of the privilege of
fulfillment of the duties of a public office, you should find the defendant guilty.
If you are not so satisfied, you must find the defendant not guilty.
History
Wis JI-Criminal 870 (1/2024). Release No. 63. Wisconsin Court System, 1/2024. 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
7a26832d1edb5f55857b3173629d476054591b12db1fd3d3297d0afe84a11036
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