Crimes Against Life and Bodily Security
1. The defendant caused (i.e. was a substantial factor in producing) the death of [victim]. 2. The defendant acted with intent to kill [victim] or another human being. This means that the defendant had the mental purpose to kill, or was aware that his conduct was practically certain to cause the death of another.
1st Degree Intentional Homicide
1. The defendant gave an alarm to a public (officer)(employee) by means of fire alarm system or otherwise. 2. The alarm was false. 3. The defendant intentionally gave the false alarm. This requires that the defendant acted with the mental purpose to give a false alarm to a public (officer)(employee). It further requires that the defendant knew that the person was a public (official)(employee) and knew the alarm was a false alarm.
Giving False Alarm
1. The defendant had sexual contact with [victim]. 2. [Victim] was under the age of 13 years at the time of the alleged sexual contact. Note: Knowledge of [victim]’s age is not required. Mistake regarding [victim]’s age is not a defense. Note: Consent to sexual intercourse is not a defense.
FIRST-DEGREE SEXUAL ASSAULT OF A CHILD: Sexual Contact With a Person Who Has Not Attained the Age of 13 Years
1. The defendant orally made a statement while under (oath)(affirmation). 2. The statement was false when made. 3. The defendant did not believe the statement to be true when made. It is not a defense that testimony which constituted perjury at the time it was given was subsequently corrected or retracted. 4. The statement was made in a proceeding before a court. 5. The statement was material to the proceeding. A “material” statement is one which tends to prove or disprove any fact that is of consequence to the determination of the proceeding in which the statement was made.
PERJURY
1. The defendant caused damage to physical property. “Damage” includes anything from mere defacement to total destruction. 2. The defendant intentionally caused the damage. “Intentionally” means the defendant must have had the mental purpose to damage the property or was aware that the conduct was practically certain to cause that result. 3. The property belonged to another person. 4. The defendant caused the damage without the consent of [name of owner; agent, etc.]. 5. The defendant knew the property belonged to another person and knew that the other person did not consent to the damage. 6. The presence of one of the following elements (from sub. (2)) increases the penalty for this offense from a misdemeanor to a felony: The property was reduced in value by more than $2,500. The property was a vehicle or highway and the damage was of a kind which is likely to cause injury to a person or further property damage. The property belonged to a person who was or is a grand or petit juror and the damage was caused by reason of any verdict or indictment assented to by the owner. The property is on state-owned land and is listed on the registry under sub. (5). The property is a rock art site listed on the national register of historic places in Wisconsin. The property is plant material used in research.
CRIMINAL DAMAGE TO PROPERTY
1. The defendant caused bodily harm to [victim]. Bodily harm means: physical pain or injury illness impairment of physical condition 2. The defendant intended to cause bodily harm to [victim]. “Intended to cause bodily harm” means that the defendant had the mental purpose to cause bodily harm to another human being or was aware that (his)(her) conduct was practically certain to cause bodily harm to another human being. 3. The defendant caused bodily harm without the consent of [victim]. 4. The defendant knew that [victim] did not consent
Battery
1. The defendant pointed a firearm toward another. “Firearm” means a weapon that acts by the force of gunpowder. It is not necessary that the firearm was loaded or capable of being fired. 2. The defendant pointed the firearm at or toward another intentionally. “Intentionally” means the defendant was aware that (he)(she) was holding a firearm and was aware that (he)(she) was pointing it at or toward another person.
ENDANGERING SAFETY BY USE OF A DANGEROUS WEAPON: Intentionally Pointing a Firearm at Another
1. The defendant caused bodily harm to [victim]. “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition. 2. The defendant intentionally caused such bodily harm. “Intended to cause bodily harm” means that the defendant had the mental purpose to cause bodily harm to another human being or was aware that (his)(her) conduct was practically certain to cause that result. 3. [Victim] had not attained the age of 18 years at the time of the alleged offense. Note: Knowledge of [victim]’s age is not required. Mistake regarding [victim]’s age is not a defense. Note: Consent to sexual intercourse is not a defense.
PHYSICAL ABUSE OF A CHILD: Intentionally Causing Bodily Harm
1. The defendant resisted an officer. To “resist” an officer means to oppose the officer by force or threat of force. The resistance must be directed to the officer personally. 2. The officer was doing an act in an official capacity. 3. The officer was acting with lawful authority. 4. The defendant knew that [officer] was an officer acting in an official capacity and with lawful authority and that the defendant knew (his)(her) conduct would resist the officer.
RESISTING AN OFFICER
1. The defendant intentionally damaged a building by means of fire. “Damaged” means injured, charred, defaced, and includes smoke damage. 2. The building belonged to another person. 3. The defendant damaged the building without the owner’s consent. The statute applies to damage caused without consent of any other person who has a right in the building superior to that of the defendant. 4. The defendant knew that the building belonged to another person and knew that the other person did not consent to the damage of the building.
ARSON OF A BUILDING OF ANOTHER
1. The defendant caused bodily harm to [victim]. Bodily harm means: physical pain or injury illness impairment of physical condition 2. [Victim] was a (law enforcement officer)(fire fighter). 3. [Victim] was acting in an official capacity. 4. The defendant knew or had reason to know that [victim] was a (law enforcement officer)(fire fighter) acting in an official capacity. 5. The defendant caused bodily harm to [victim] without the consent of [victim]. 6. The defendant acted intentionally
Battery to Law Enforcement Officer or Fire Fighter
1. [Victim] was a peace officer. 2. [Victim] was acting in an official capacity. Peace officers “act in an official capacity” when they perform duties they are employed to perform. 3. The defendant disarmed [victim] by taking a dangerous weapon from (him)(her). This applies to any dangerous weapon that the officer was carrying or that was in an area within the officer’s immediate presence. 4. [Victim] did not consent to the taking of the dangerous weapon. 5. The defendant committed the acts intentionally. “Intentionally” required that the defendant acted with the mental purpose of taking the dangerous weapon from the peace officer. It further requires that the defendant knew that [victim] was a peace officer acting in an official capacity and knew that [victim] did not consent to the taking of the dangerous weapon.
DISARMING A PEACE OFFICER
1. The defendant had sexual intercourse with [victim], who was not the defendant’s spouse. 2. [Victim] had not attained the age of 18 years at the time of the alleged sexual intercourse. Note: Knowledge of [victim]’s age is not required. Mistake regarding [victim]’s age is not a defense. Note: Consent to sexual intercourse is not a defense.
SEXUAL INTERCOURSE WITH A CHILD
1. The defendant knowingly gave false information to an officer. 2. The officer was doing an act in an official capacity. 3. The officer was acting with lawful authority. 4. The defendant intended to mislead the officer.
OBSTRUCTING AN OFFICER: Giving False Information
1. The defendant intentionally entered a building. 2. The defendant entered the building without the consent of the person in lawful possession. 3. The defendant knew that the entry was without consent. 4. The defendant entered the building with intent to steal. “Intent to steal” requires that the defendant had the mental purpose to take and carry away movable property of another without consent and that the defendant intended to deprive the owner permanently of possession of the property. OR The defendant entered the building with intent to commit [a felony]. “Intent to commit a felony” must be made before the entry is made. The intent to commit a felony must continue to exist at the time of the entry.
BURGLARY WITH INTENT TO STEAL/COMMIT A FELONY
1. The defendant cut or mutilated the (tongue)(eye)(ear)(nose)(lip)(limb) (other bodily member) of [victim]. 2. The cutting or mutilation caused great bodily harm. Great bodily harm means serious bodily injury, i.e. injury creating/causing: substantial risk of death serious permanent disfigurement permanent or protracted loss of function of any bodily member or organ other serious bodily injury 3. The defendant intended to disable or disfigure [victim].
Mayhem
1. The defendant possessed a firearm. “Possessed” means the defendant knowingly had actual physical control of a firearm. 2. The firearm was a (machine gun)(full automatic firearm). A (machine gun)(full automatic firearm) is any weapon that shoots automatically more than one shot, without manual reloading, by a single function of the trigger.
POSSESSION OF A MACHINE GUN OR OTHER FULL AUTOMATIC FIREARM
1. The defendant caused [child] to expose (genitals)(pubic area). “Expose” means to exhibit to the view of another person. 2. The defendant caused [child] to expose (genitals)(pubic area) for the purpose of the defendant’s sexual arousal or sexual gratification. 3. [Child] was under the age of 18 years at the time of the alleged incident. Note: Knowledge of [victim]’s age is not required. Mistake regarding [victim]’s age is not a defense.
CAUSING A CHILD TO EXPOSE GENITALS OR PUBIC AREA
1. The defendant was (arrested for)(charged with) (a felony)(a misdemeanor). A felony is a crime punishable by imprisonment in the Wisconsin state prisons. A misdemeanor is a crime punishable by imprisonment in the county jail. 2. The defendant was released from custody on bond. This requires that after (arrest)(being charged), the defendant was released from custody on bond under conditions established by a (judge)(court commissioner)(bail schedule). 3. The defendant intentionally failed to comply with the terms of the bond. This requires that the defendant knew of the terms of the bond and knew that (his)(her) actions did not comply with those terms.
BAIL JUMPING
1. The defendant intentionally entered the dwelling of another. “Dwelling” means the (apartment)(room)(building)(or other structure) in which a person makes a home. 2. The defendant entered without consent of someone lawfully upon the premises. 3. The defendant entered under circumstances tending to create or provoke a breach of the peace. “Breach of the peace” includes all violations of peace and order. 4. The defendant knew that the entry into the dwelling was made without consent and under circumstances tending to create or provoke a breach of the peace.
CRIMINAL TRESPASS TO DWELLINGS
1. The defendant transported [victim] from one place to another. 2. The defendant transported [victim] without (his)(her) consent. 3. The defendant transported [victim] from one place to another forcibly. 4. The defendant transported [victim] from one place to another with intent that [victim] be (secretly confined)(secretly imprisoned)(transported out of this state)(held to service against his/her will).
Kidnapping
1. The defendant possessed a (rifle)(shotgun). 2. The (rifle)(shotgun) was short-barreled. “Short-barreled rifle” means a rifle having one or more barrels having a length of less than 16 inches measured from closed breech or bolt face to muzzle or a rifle having an overall length of less than 26 inches. “Short-barreled shotgun” means a shotgun having one or more barrels having a length of less than 18 inches measured from closed breech or bolt face to muzzle or a shotgun having an overall length of less than 26 inches.
POSSESSION OF A SHORT-BARRELED SHOTGUN OR RIFLE
1. [Child] was under the age of 18 years. Note: Knowledge of [child]’s age by defendant is not required and mistake regarding [child]’s age is not a defense. 2. The defendant was a person responsible for the welfare of [child]. A “person responsible for the welfare of a child” includes child’s parent child’s stepparent child’s guardian child’s foster parent child’s treatment foster parent employee of a public or private residential home, institution or agency other person legally responsible for child’s welfare in a residential setting person employed by one legally responsible for the child’s welfare to exercise temporary control or care for the child 3. The defendant intentionally contributed to the neglect of [child]. “Intentionally contributed” means that the defendant either had a purpose to contribute to the neglect, or was aware that (his)(her) action or failure to take action was practically certain to cause that result.
NEGLECTING A CHILD
1. The defendant impersonated a peace officer. To “impersonate” means to (assume the identity or characteristics of)(represent oneself to be)(pretend to be) another person without the authority to do so. One may impersonate by verbal declarations as well as by obvious physical impersonations as in wearing a badge or a uniform. A “peace officer” is a person vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes. 2. The defendant impersonated a peace officer with intent to mislead (another person)(other persons) into believe the defendant was actually a peace officer.
IMPERSONATING A PEACE OFFICER
1. The defendant intentionally took a vehicle without the consent of the owner. 2. The defendant knew that the owner did not consent to the taking. 3. The defendant took the vehicle while possessing a dangerous weapon. “Dangerous weapon” is (any firearm, whether loaded or not)(any device designed as a weapon and capable of producing death or great bodily harm)(any device or instrumentality which in the manner it is used or intended to be used is calculated or likely to produce death or great bodily harm). 4. The defendant took the vehicle by the (use)(threat of use) of (force)(a dangerous weapon) against another.
TAKING A VEHICLE BY USE OR THREAT OF FORCE