July 21, 2022

2022 Criminal Jury Instructions released

The most recent supplement to the Wisconsin Criminal Jury Instructions has been approved by the Wisconsin Judicial Conference’s Criminal Jury Instructions Committee. The sixtieth supplement to this publication includes new, updated, and withdrawn instructions for the set. This supplement includes blank pages to support double sided page printing. These updates reflect material approved through June 2022.

New instructions

997 (New) Elder Person Victims § 939.623

1204 (New) First Degree Sexual Assault: Against an Individual Who is 60 Years of Age or Older § 940.225(1)(d)

1204 Example (New) First Degree Sexual Assault: Against an Individual Who is 60 Years of Age or Older § 940.225(1)(d)

1217B (New) Second Degree Sexual Assault: Sexual Contact or Intercourse by a Law Enforcement Officer with a Person Detained or In Custody § 940.225(2)(k)

1249A (New) Physical Abuse of an Elder Person: Intentional Causation of Great Bodily Harm § 940.198(2)(a)

1249B (New) Physical Abuse of an Elder Person: Intentional Causation of Bodily Harm § 940.198(2)(b)

1249C (New) Physical Abuse of an Elder Person: Intentional Causation of Bodily Harm to an Elder Person Under Circumstances or Conditions that are Likely to Produce Great Bodily Harm § 940.198(2)(c)

1249D (New) Physical Abuse of an Elder Person: Reckless Causation of Great Bodily Harm § 940.198(3)(a)

1249E (New) Physical Abuse of an Elder Person: Reckless Causation of Bodily Harm § 940.198(3)(b)

1249F (New) Physical Abuse of an Elder Person: Reckless Causation of Bodily Harm to an Elder Person Under Circumstances or Conditions that are Likely to Produce Great Bodily Harm § 940.198(3)(c)

2199 (New) Sex Offender Name Change § 301.47(2)(a)-(b)

SM-9 (New) When a Jury Requests to Hear/See Audio/Visual Evidence During Deliberations


Updated instructions

Introductory materials

50 Preliminary Instruction: Jurors' Conduct; Evidence; Transcripts Not Available; Credibility; Substantive Issues; Opening Statement

58 Transcripts Not Available for Deliberations; Reading Back Testimony

158 Recording Played to the Jury

300 Credibility of Witnesses

800 Privilege: Self-Defense: Force Less Than That Likely to Cause Death or Great Bodily Harm

801 Privilege: Self-Defense: Force Less Than That Likely to Cause Death or Great Bodily Harm: Crimes Involving Recklessness or Negligence

805 Privilege: Self-Defense: Force Intended or Likely to Cause Death or Great Bodily Harm

805A Law Note: Self-defense under § 939.48(1m)

820 Privilege: Self-Defense: Injury to Third Party Charged as Reckless or Negligent Crime

821 Privilege: Self-Defense: Unintended Harm to Third Party Charged as Intentional Crime

901 Cause

1021 First Degree Reckless Homicide

1030 Felony Murder: Underlying Crime Completed

1031 Felony Murder: Underlying Crime Attempted

1032 Felony Murder: Death Caused While Committing a Crime as a Party to the Crime: Aiding And Abetting

1208 Second Degree Sexual Assault: Sexual Contact or Intercourse Without Consent by Use or Threat of Force or Violence

1209 Second Degree Sexual Assault: Sexual Contact or Intercourse Without Consent Causing Injury, Illness, Disease or Impairment of a Sexual or Reproductive Organ, or Mental Anguish Requiring Psychiatric Care

1212 Second Degree Sexual Assault: Sexual Contact or Intercourse with a Person Who is Under the Influence of an Intoxicant

1213 Second Degree Sexual Assault: Sexual Contact or Intercourse with a Person the Defendant Knows is Unconscious

1214 Second Degree Sexual Assault: Sexual Contact or Intercourse Without Consent While Aided and Abetted

1215 Second Degree Sexual Assault: Sexual Contact or Intercourse with a Patient or Resident

1216 Second Degree Sexual Assault: Sexual Contact or Intercourse by a Correctional Staff Member

1217 Second Degree Sexual Assault: Sexual Contact or Intercourse by a Probation, Parole, or Extended Supervision Agent

1217A Second Degree Sexual Assault: Sexual Contact or Intercourse by an Employee of an Entity

1226 Battery with Substantial Risk of Great Bodily Harm

1228A Battery by a Person Committed under § 980.065

1231 Battery to a Probation, Extended Supervision and Parole Agent, Community Supervision Agent, or An Aftercare Agent

1237 Battery to an Emergency Medical Care Provider

1238 Battery or Threat to a Witness [Witness Has Attended or Testified]

1241A Battery to Guardian Ad Litem, Corporation Counsel, or Attorney

1241B Threat to Guardian Ad Litem, Corporation Counsel, or Attorney

1242 Battery or Threat to a Department of Revenue Employee

1244 Battery or Threat to a Department of Safety and Professional Services or Department of Workforce Development Employee

1247B Battery or Threat to a Health Care Provider § 940.204(3)

1255 Strangulation and Suffocation

1296 Intimidation of a Victim

1296A Intimidation of a Person Acting on Behalf of a Victim

1297 Intimidation of a Victim

1300 Negligent Operation of a Vehicle

1336 Carrying a Concealed Knife

1424 Burglary with Intent to Commit a Felony

1441 Theft

1443 Theft by Contractor

1443A Theft by Contractor: Defendant Is a Corporate Officer

1444 Theft by Employee, Trustee, or Bailee (Embezzlement)

1450 Theft by One Having an Undisputed Interest in Property from One Having Superior Right of Possession

1453A Theft by Fraud: Representations Made to the Owner, Directly or by a Third Person

1453B Theft by Fraud: Representations Made to an Agent

1453C Theft by Fraud: Failure to Disclose as a Representation

1455 Theft by Failure to Return Leased or Rented Property

1473B Extortion: Injure or Threaten to Injure

1532 Incest: Sexual Intercourse Between Blood Relatives

1900 Disorderly Conduct

2664A Operating a Motor Vehicle While Under the Influence of a Combination of an Intoxicant and a Controlled Substance - Civil Forfeiture

2666A Operating a Motor Vehicle While Under the Influence of any Combination of an Intoxicant and any other Drug to a Degree that Renders Him or Her Incapable of Safely Driving

6001 Finding the Amount of Controlled Substance


Withdrawn instructions


1243 (Withdrawn) Battery to a Nurse



The Library partners with the Office of Judicial Education to provide free access to the Wisconsin Jury Instructions on our website. While updated instructions can be downloaded at any time from our website, many readers may wish to keep their print sets up-to-date. To do so, download and print the sixtieth release. Blank pages have been inserted to make double sided printing easier. File new and updated instructions, along with the updated table of cases and index in your print set. A complete, printable file of all the current Criminal Jury Instructions and finding aids is also available.