Wis JI-Criminal 985

CAUTION: THIS INSTRUCTION IS TO BE USED ONLY FOR OFFENSES

COMMITTED BEFORE FEBRUARY 1, 2003.

THE FOLLOWING INSTRUCTION SHOULD BE GIVEN IMMEDIATELY

AFTER THE INSTRUCTION ON THE OFFENSE CHARGED.

The (information) (complaint) alleges not only that the defendant committed the crime of

(offense charged) but also that the defendant did so for the benefit of, at the direction of, or

in association with any criminal gang, with the specific intent to promote, further, or assist in

any criminal conduct by criminal gang members.

If you find the defendant guilty, you must answer the following question:

"Did the defendant commit the crime of (offense charged) 1 for the benefit of, at the

direction of, or in association with any criminal gang, with the specific intent to promote,

further, or assist in any criminal conduct by criminal gang members?"

Before you may answer this question "yes," the State must prove by evidence which

satisfies you beyond a reasonable doubt that the following two elements are present.

The first element requires that the defendant committed the crime of (offense charged)

for the benefit of, at the direction of, or in association with a criminal gang.

"Criminal gang" requires proof of all of the following: 2

(1) an ongoing organization, association, or group of three or more persons, whether

formal or informal;

(2) that has a common name or a common identifying sign or symbol;

(3) that has as one of its primary activities the commission of one or more of the

following criminal acts: (specify crime or crimes listed in § 939.22(21)(a) to (s); and

(4) whose members individually or collectively engage in or have engaged in a pattern

of criminal gang activity.

"Pattern of criminal gang activity" means the commission 3 of two or more of the

following crimes within three years of one another: (specify crime or crimes listed in

§ 939.22(21)(a) to (s). 4

These crimes must have been committed either on separate occasions or, if committed on

the same occasion, by two or more persons.

[The crime of (specify crime or crimes listed in § 939.22(21)(a) to (s) requires. . . .] 5

The second element requires that the defendant committed the crime of (offense

charged) with the specific intent to promote, further, or assist in any criminal conduct by

criminal gang members. 6 This requires that the defendant acted with the purpose to promote,

further, or assist criminal gang members in committing crimes.

If you are satisfied beyond a reasonable doubt that the defendant committed the crime of

(offense charged) for the benefit of, at the direction of, or in association with any criminal

gang, and with the specific intent to promote, further, or assist in any criminal conduct by

criminal gang members, you should answer the question "yes."

If you are not so satisfied, you must answer the question "no."