Elements of Criminal Offenses
Initials STATUTE/CHARGE TYPE ELEMENTS
Acquiring Possession of a Controlled Substance by Fraud
1. The defendant obtained posession of a substance.
2. The substance was a controlled substance.
3. The defendant believed that the substance was a controlled substance.
§ 961.43(1)(a) - Felony 4. The defendant obtained possession of the substance by misrepresentation made with the intent to deceive another and with the intent to induce that person to rely and act
thereon.
5. A person was deceived by the misrepresentation.
Aggravated Battery with Intent to Cause Bodily Harm
1. The defendant caused great bodily harm to the victim.
§ 940.19(4) - Felony
2. The defendant intended to cause bodily harm to (the victim) or (another person).
Armed Robbery: By use or Threat of use of a Dangerous Weapon
1. The defendant took property from the person or from the presence of the person who was the owner of the property.
2. The defendant took the property with the intent to steal.
§ 943.32 (2) - Felony 3. The defendant acted forcibly.
4. At the time of the taking or carrying away, the defendant used or threatened to use a dangerous weapon.
Assault by a Prisoner: Throwing or Expelling a Bodily Substance:
1. The defendant was a prisoner confined to a (state) (county) (municipal) detention facility.
2. The victim was a (officer) (employee) (visitor) (prisoner) of the institution.
3. The defendant (threw) (expelled) a bodily substance at or toward the victim with intent that the bodily substance come into contact with the victim.
§ 946.43(2m)(a) - Felony 4. The defendant intended to [cause bodily harm to] [(abuse) (harass) (offend) (intimidate) (frighten)] the victim.
5. The victim did not consent to the substance being thrown at him or her.
Bail Jumping
1. The defendant was arrested for or charged with a felony.
2. The defendant was released from custody on bond.
§ 946.49(1)(b) - Felony 3. The defendant intentionally failed to comply with the terms of that bond.
4. The defendant knew of the terms of the bond and knew that (his) (her) actions did not comply with those terms.
1. The defendant was arrested for or charged with a misdemeanor.
2. The defendant was released from custody on bond.
§ 946.49(1) - Misdemeanor
3. The defendant intentionally failed to comply with the terms of that bond.
4. The defendant knew of the terms of the bond and knew that (his) (her) actions did not comply with those terms.
Battery (bodily harm only) [Simple Battery]
1. The defendant caused bodily harm to a another person.
2. The defendant intended to cause bodily harm to the other person.
§ 940.19(1) - Misdemeanor
3. The other person did not consent to such bodily harm.
4. The defendant knew that the other person did not consent.
Battery by Prisoner
1. The defendant was a prisoner confined to a (state) (county) or (municipal) detention facility as a result of a violation of a law
2. The defendant intentionally caused bodily harm to a person.
3. That person was a(n) officer or employee or visitor or another inmate of the detention facility
§ 940.20(1) - Felony 4. The defendant caused bodily harm to the person
5. The defendant knew that the person was an officer, employee, visitor or another inmate of the detention facility and that person did not consent to the causing of the bodily
harm.
Battery to Law Enforcement Officer
1. The defendant caused bodily harm to another person;
2. The other person was a law enforcement officer;
3. The law enforcement officer was acting in an official capacity;
§ 940.20(2) - Felony 4. The defendant knew, or had reason to know, that the victim was a law enforcement officer acting in an official capacity;
5. The defendant caused bodily harm without the consent of the officer;
6. The defendant acted intentionally.
Burglary (unarmed)
1. The defendant intentionally entered the building / dwelling of another.
2. The defendant did not have the consent of the owner or person in lawful possession to enter.
§ 943.10(1m)(a) - Felony 3. The defendant knew that the entry was without consent to enter.
4. At the time of entry, the defendant intended to steal or commit a felony.
Burglary (Armed)
1. The defendant intentionally entered the (building) (dwelling) of another.
2. The defendant did not have the consent of the owner or person in lawful possession to enter.
§ 943.10(2)(a) - Felony 3. The defendant knew that the entry was without consent to enter.
4. At the time of entry, the defendant intended to (steal) or (commit a felony).
5. The defendant committed the burglary while armed with a dangerous (weapon) or (device).
Burglary (Arming Self During Burglary)
1. The defendant intentionally entered the (building) or (dwelling) of another.
2. The defendant did not have the consent of the owner or person in lawful possession to enter.
§ 943.10(2)(b) - Felony 3. The defendant knew that the entry was without consent to enter.
4. At the time of entry, the defendant intended to steal or commit a felony.
5. The defendant armed himself or herself with a dangerous (weapon) or (device) while still inside the burglarized enclosure.
Burglary of a Room of a Building or Dwelling
1. The defendant intentionally entered a building / dwelling of another.
2. The defendant did not have the consent of the owner or person in lawful possession to enter.
§ 943.10(1m)(f) - Felony 3. The defendant knew that the entry was without consent to enter.
4. At the time of entry, the defendant intended to steal or commit a felony.
5. The defendant entered a room in accordance with the prior elements
Carrying a Concealed Weapon
1. The defendant went armed with a dangerous weapon.
§ 941.23 - Misdemeanor 2. The defendant was aware of the presence of the weapon.
3. The weapon was concealed.
Criminal Damage to Property
1. The defendant caused damage to physical property.
2. The defendant intentionally caused this damage.
§ 943.01(1) - Misdemeanor 3. The property belonged to another person.
4. The defendant caused the damage without the consent of the owner.
5. The defendant knew the property belonged to another person and knew that the other person did not consent to the damage.
Criminal Trespass to Dwelling
1. The defendant intentionally entered the dwelling of another person.
2. The defendant entered without the consent of someone lawfully upon the premises.
§ 943.14 - Misdemeanor 3. The defendant entered under circumstances tending to create or provoke a breach of the peace.
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.
Delivery of a Controlled Substance (Controlled Substance Analog)
1. The defendant delivered a substance.
§ 961.41 (1) - Felony 2. The substance was a (controlled substance) (controlled substance analog).
3. The defendant knew or believed that the substance was a (controlled substance) (controlled substance analog).
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Elements of Criminal Offenses
Initials STATUTE/CHARGE TYPE ELEMENTS
Disorderly Conduct
1. The defendant engaged in (violent) (abusive) (indecent) (profane) (boisterous) (unreasonably loud) (or otherwise disorderly) conduct.
§ 947.01 - Misdemeanor
2. The conduct of the defendant, under the circumstances as they then existed, tended to (cause) (provoke) a disturbance.
Endangering Safety; Use of Dangerous Weapon
1. The defendant (operated) (handled) a dangerous weapon.
§ 941.20(1)(a) - Misdemeanor 2. The defendant (operated) (handled) a dangerous weapon in a manner constituting criminal negligence.
3. The defendant's (operation) or (handling) of a dangerous weapon in a criminally negligent manner endangered the safety of another.
Entry into Locked Vehicle
1. The defendant intentionally entered the locked and enclosed portion or compartment of the vehicle of another person.
2. The defendant intentionally entered without the consent by person authorized to give consent.
§ 943.11 - Misdemeanor
3. The defendant knew that the vehicle belonged to another person and knew that the entry was without consent.
4. The defendant entered such vehicle or compartment with intent to steal.
Escape from Custody
1. The defendant was in custody.
2. The custody resulted from legal arrest for a crime.
§ 946.42(3) (a) - Felony 3. The defendant escaped from custody.
4. The escape from custody was intentional.
Failure to Give Information or Render Aid Following an Accident
1. The defendant (drove) (operated) a vehicle involved in an accident on a highway.
2. The defendant knew that the vehicle (he) (she) was driving was involved in an accident involving (a person) (an attended vehicle)
3. The accident resulted in (injury to any person) or (death of any person)
4. The defendant did not immediately stop (his) (her) vehicle (at the scene of the accident and remain at the scene) (as close to the scene of the accident as possible and
forthwith return to and remain at the scene) until (he) (she) fulfilled all of the following requirements:
• Gave (his) (her) name, address, and the registration number of the vehicle (he) (she) was driving to (the person struck) (the operator or occupant of or person attending any
§ 346.67(1) - Felony vehicle collided with); and
• If it was requested and was available, exhibited (his) (her) operator's license to (the person struck) (the operator or occupant of or person attending any vehicle collided
with); and
• Rendered to any person injured in such accident reasonable assistance including the carrying or the making of arrangements for the carrying of such person to a physician,
surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.
5. The defendant was physically capable of complying with the above requirements.
Failure to Report Accident
1. The defendant operated a motor vehicle involved in an accident on a highway.
2. The accident knew that the vehicle (he)(she) was driving was involved in an accident.
3. The accident resulted in (injury to or death to any person) or (any damage to state or government owned property, except a state or government owned vehicle, to an
apparent extent of $200) or (total damage to property owned by any one person or to a state or other government owned vehicle to an apparent extent of $1000 or more).
§ 346.70(1) - Misdemeanor 4. The defendant did not immediately by the quickest means of communication give notice of such accident to the police department, sheriff's department, or the traffic
department of the county or municipality in which the accident occurred, or to a state highway patrol officer.
5. The defendant was physically capable of complying with the above requirements.
Failure to Support
1. The defendant intentionally failed to provide (spousal) (child) support.
§ 948.22(3) - Felony 2. The defendant (knew) (reasonably should have known) that (he) (she) was legally obligated to provide the (spousal) (child) support.
3. The defendant's failure to support continued for more than 120 days.
False Imprisonment
1. The defendant confined or restrained another person.
2. The defendant confined or restrained another person intentionally.
3. The person was confined or restrained without his/her consent.
§ 940.30 - Felony 4. The defendant had no lawful authority to confine or restrain another person.
5. The defendant knew that the person did not consent.
6. The defendant knew that he/she did not have lawful authority to confine or restrain the person.
Felon in Possession of a Firearm
1. The defendant possessed a firearm.
§ 941.29(2)(a) - Felony
2. The defendant had previously been convicted of a felony.
First Degree Sexual Assault of a Child: Sexual Contact or Intercourse with a Person who has not Attained the age of 13 Years: Causing Great Bodily Harm
1. The defendant had (sexual contact) or (sexual intercourse) with the person.
§ 948.02(1)(am) - Felony 2. The person was under the age of 13 years at the time of the sexual (sexual contact) (sexual intercourse).
3. The defendant caused great bodily harm to the person.
First Degree Sexual Assault of a Child: Sexual Contact with a Person who has not Attained the age of 13 years
1. The defendant had sexual contact with a person.
§ 948.02(1)(e) - Felony
2. The other person was under the age of 13 years at the time of the sexual contact.
First Degree Sexual Assault of a Child: Sexual Intercourse with a Person who has not Attained the age of 12 years
1. The defendant had sexual intercourse with a person.
§ 948.02(1)(b) - Felony
2. The person was under the age of 12 years at the time of the sexual intercourse.
Forgery (Making or Altering a Check)
1. The document was a writing by which legal (rights) (obligations) are (created) (transferred).
2. The defendant falsely made or altered the document to appear to have been made (by another person) (at another time) (with different terms) (by authority of someone
§ 943.38(1)(a) - Felony who did not give such authority).
3. The defendant falsely (made) (altered) the document with intent to defraud.
Forgery (Uttering)
1. The writing was one by which legal rights or obligations are created or transferred;
2. The writing was (falsely made) (altered);
§ 943.38 (2) - Felony 3. The defendant issued (or uttered) the writing as genuine;
4. The defendant knew that the writing was (falsely made) (altered).
Fraud Against a Financial Institution
1. The defendant obtained (money) (funds) (credits) (assets) (securities) (property) owned by or under the custody or control of a financial institution.
2. The defendant obtained (money) (funds) (credits) (assets) (securities) (property) by means of false (pretenses) (representations) (promises) OR by use of any fraudulent
(device) (scheme) (artifice) (monetary instrument).
§ 943.82(1) - Felony 3. The value of the (money) (funds) (credits) (assets) (securities) (property) exceeds $500; -OR- The value of the (money) (funds) (credits) (assets) (securities) (property)
does not exceed $500 AND the defendant has previously been convicted of a violation of Wis. Stat. § 943.10, 943.12, 943.20 to 943.75, or 943.81 to 943.90
Fraud on Hotel or Restaurant Keeper
1. The defendant obtained (goods) or (services) at a (hotel) or (restaurant).
§ 943.21 (lm) (a) - Misdemeanor 2. The defendant knew he/she was obligated to pay for the goods or services.
3. The defendant intentionally absconded without paying.
Fraudulent Use of a Financial Transaction Card
1. The defendant used a financial transaction card.
2. The card was (stolen) (forged) (expired) (revoked).
§ 943.41(5)(a)1.a - Felony 3. The defendant used the card for the purpose of obtaining (money) (goods) (service) (anything of value).
4. The defendant acted with intent to defraud another.
5. The value of the property illegally obtained exceeds $2,500.
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Elements of Criminal Offenses
Initials STATUTE/CHARGE TYPE ELEMENTS
1. The defendant used a financial transaction card.
2. The card was (stolen)(forged)(expired)(revoked).
§ 943.41 (5) (a) (1.a) - Misdemeanor
3. The defendant used the card to obtain money, goods, services, or anything of value.
4. The defendant acted with intent to defraud another.
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Elements of Criminal Offenses
Initials STATUTE/CHARGE TYPE ELEMENTS
Homicide by Operation of A Vehicle While Under The Influence
1. The defendant operated a vehicle.
§ 940.09(1)(a) - Felony 2. The defendant's operation of a vehicle caused the death of another person.
3. The defendant was under the influence of an intoxicant at the time the defendant operated a vehicle.
Injury (Great Bodily Harm) by Operation of a Vehicle While Under the Influence
1. The defendant operated a vehicle.
2. The defendant's operation of a vehicle caused great bodily harm to another person.
§ 940.25(1)(a) - Felony 3. The defendant was under the influence of an intoxicant at the time the defendant operated a vehicle or was operating with a prohibited blood alcohol content.
Injury by Intoxicated Use of a Vehicle
1. The defendant operated a vehicle.
§ 940.25 (1) (a) - Felony 2. Operation of a vehicle caused injury to another person.
3. The defendant was under the influence of an intoxicant at the time the defendant operated a vehicle.
Interference With Custody of a Child
1. At the time of the offense, the child had not attained the age of 18 years.
2. The custodian had legal custody of the child under a (court order) (judgment) in an action for divorce.
3. The defendant (caused the child to leave) (took the child away) (withheld the child for more than 12 hours beyond the court-approved period of physical placement or
visitation period) from the custodian without the consent of the custodian.
§ 948.31(1)(b) - Felony 4. The defendant took the child intentionally.
5. The defendant knew that the custodian had legal custody of the child under a (court order) (judgment) and knew that the custodian did not give consent to take away the
child.
6. The defendant took away the child with intent to deprive the custodian of custody rights.
Intimidation of Witness
1. A person was a witness.
2. The defendant (prevented or dissuaded) (attempted to prevent or dissuade) the person from attending or giving testimony at a proceeding authorized by law.
§ 940.43(7) - Felony 3. The proceeding was related to a felony offense in which the defendant was charged.
4. The defendant acted knowingly and maliciously.
Intimidation of a Victim Threat of Force or Violence
1. A person was a victim of a crime.
2. The defendant (prevented) (attempted to prevent) (dissuaded) (attempted to dissuade) the person from reporting the crime to any law enforcement agency.
3. The defendant acted knowingly and maliciously.
§ 940.45(3) - Felony
4. The defendant's act was accompanied by any express or implied threat of (force) or (violence) or (damage to the property of) the victim or family member of the victim
Intimidation of a Victim
1. A person was the victim of a crime.
2. The defendant (prevented or dissuaded) (attempted to prevent or dissuade) the person from reporting the crime to any law enforcement agency.
§ 940.44 - Misdemeanor 3. The defendant acted knowingly and maliciously.
Intimidation of a Victim: Use of Force or Attempted Use of Force
1. A person was a victim of a crime.
2. The defendant (prevented) (attempted to prevent) (dissuaded) (attempted to dissuade) the person from reporting the crime to any law enforcement agency.
§ 940.45(1) - Felony 3. The defendant acted knowingly and maliciously.
4. The defendant's act was accompanied by (attempted) force or violence upon the victim or a family member of the victim.
Intimidation of a Witness
1. A person was a witness.
2. The defendant (prevented or dissuaded) (attempted to prevent or dissuade) the person from attending or giving testimony at a proceeding authorized by law.
§ 940.42 - Misdemeanor
3. The defendant acted knowingly and maliciously.
Issuance of a Worthless Check
1. The defendant issued a check.
§ 943.24(2) - Felony 2. At the time the check was issued, the defendant intended that it not be paid.
3. The check was for payment of $2,500 or more; - OR - Checks were issued within a 90-day period and totaled $2,500 or more.
1. The defendant issued a check.
§ 943.24 - Misdemeanor
2. At the time the check was issued, the defendant intended that it not be paid.
Keeping or Maintaining a Drug Trafficking Place for (Using) -or - (Manufacturing) (Keeping) (Delivering) Controlled Substances
1. The defendant (kept) (maintained) a (structure) (place).
2. The (structure) (place) was (resorted to by persons using controlled substances in violation of Chapter 961 for the purpose of using controlled substances) (used for
§ 961.42(1) - Felony [manufacturing] [keeping] [delivering] a controlled substance)
3. The defendant kept such a place knowingly.
Lewd and Lascivious Behavior
1. The defendant exposed his/her (genitals) (pubic area).
§ 944.20(1)(b) - Misdemeanor 2. The defendant exposed his/her (genitals) (pubic area) publicly (not hidden but open to view).
3. The defendant exposed his/her genitals or pubic area indecently.
Manufacture of a Controlled Substance (Controlled Substance Analog)
1. The defendant manufactured a substance.
§ 961.41(a) - Felony 2. The substance was a (controlled substance) (controlled substance analog).
3. The defendant knew or believed that the substance was a (controlled substance) (controlled substance analog).
Neglecting a Child
1. The child was under 18 years of age.
2. The defendant was a person responsible for the welfare of the child.
§ 948.21(1)(b)-(d) - Felony 3. The defendant intentionally contributed to the neglect of the child.
4. (Bodily harm) (Great bodily harm) (Death) resulted from the negligence.
Negligent Handling of Burning Material
1. The defendant handled burning material.
§ 941.10 - Misdemeanor
2. Handling of the material was in a manner constituting criminal negligence.
Obstructing or Resisting an Officer
1. The defendant (obstructed) (resisted) an officer by conduct that prevented or made more difficult the performance of the officer's duties or resisted an officer;
2. The officer was doing an act in an official capacity;
3. The officer was doing an act with lawful authority;
§ 946.41 - Misdemeanor 4. The defendant knew that the officer was acting in an official capacity and with lawful authority;
5. The defendant knew that conduct would obstruct / resist the officer.
Obtaining a Prescription Drug by Fraud
1. The defendant obtained a prescription drug. 2. The
§ 450.11(7)(a) - Misdemeanor defendant knew or believed that the substance was a prescription drug.
3. The defendant obtained the prescription drug by a willful misrepresentation.
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Elements of Criminal Offenses
Initials STATUTE/CHARGE TYPE ELEMENTS
Operating a Motor Vehicle to Flee or in an Attempt to Elude an Officer
1. The defendant operated a motor vehicle on a highway after receiving a (visual) (audible) signal from a (traffic officer) (marked police vehicle).
2. The defendant knowingly (fled) (attempted to elude) a traffic officer:
• by willful disregard of the visual or audible signal so as to (interfere with) (endanger) (the operation of the police vehicle) (the traffic officer) (other vehicles) (pedestrians); or
§ 346.04(3) - Felony • by increasing the speed of the vehicle (in an attempt to elude) (to flee); or
• by extinguishing the lights of the vehicle (in an attempt to elude) (to flee).
Operating a Motor Vehicle While Under the Influence of an Intoxicant and Causing Injury
1. The defendant (drove) (operated) a motor vehicle on a highway.
§ 346.63(2)(a)(1) - Misdemeanor 2. The defendant's (driving) (operation) of a motor vehicle caused injury to another person.
3. The defendant was under the influence of an intoxicant at the time the defendant (drove) (operated) the vehicle.
Operating a Motor Vehicle With a Prohibited Alcohol Concentration and Causing Injury
1. The defendant (drove) (operated) a motor vehicle on a highway.
§ 346.63(2)(a)(1) - Misdemeanor 2. The defendant's (driving) (operation) of a motor vehicle caused injury to another person.
3. The defendant had a prohibited alcohol concentration at the time the defendant (drove) (operated) the vehicle.
Operating a Motor Vehicle Without a Valid License
1. The defendant operated a motor vehicle on a highway.
§ 343.05(3)(a) - Misdemeanor
2. The defendant did not hold a valid operator's license at the time the defendant operated the motor vehicle.
Operating After Revocation
1. The defendant operated a motor vehicle on a public highway of this state;
§ 343.44(1)(b) - Misdemeanor 2. At the time the motor vehicle was operated/drove, the defendant's operating privileges had been revoked by the Dept of Transportation and not reinstated;
3. The defendant knew or had cause to know that operating privileges had been revoked.
Operating Motor Vehicle Without Consent
1. The defendant intentionally (drove) (operated) a vehicle of another.
§ 943.23 (3) - Felony 2. The (driving) (operating) of such vehicle was without the consent of the owner;
3. The defendant knew that such (driving) (operating) was without the owner's consent.
Operating While Suspended
1. The defendant operated a motor vehicle on a highway;
§ 343.44(1)(a) - Misdemeanor
2. The defendant's operating privilege was duly suspended at the time the defendant operated a motor vehicle.
Operating while Under the Influence of an Intoxicant - or -Controlled Substance
1. The defendant (drove) (operated) a motor vehicle on a public highway of this state;
§ 346.63(1)(a) - Misdemeanor
2. The defendant was under the influence of a(n) (intoxicant) (controlled substance) at the time the defendant (drove) (operated) a motor vehicle .
Operating while Under the Influence of an Intoxicant - or -Controlled Substance (2nd or 3rd)
1. The defendant (drove) (operated) a motor vehicle on a public highway of this state;
2. The defendant was under the influence of a(n) (intoxicant) (controlled substance) at the time the defendant (drove) (operated) a motor vehicle.
§ 346.63(1)(a) - Misdemeanor
3. The total number of convictions under Wis. Stat. §§ 940.09(1) and 940.25 in the defendant's lifetime plus the total number of suspensions, revocations and other
convictions equals 1 or 2.
Operating while Under the Influence of an Intoxicant - or -Controlled Substance (4th or Greater)
1. The defendant (drove) (operated) a motor vehicle on a public highway of this state;
2. The defendant was under the influence of a(n) (intoxicant) (controlled substance) at the time the defendant (drove) (operated) a motor vehicle.
§ 346.63(1)(a) - Felony
3. The total number of convictions under Wis. Stat. §§ 940.09(1) and 940.25 in the defendant's lifetime plus the total number of suspensions, revocations and other
convictions equals 3 or greater.
Operating while Under the Influence of an Intoxicant - or -Controlled Substance with a Child in the Car
1. The defendant (drove) (operated) a motor vehicle on a public highway of this state;
2. The defendant was under the influence of a(n) (intoxicant) (controlled substance) at the time the defendant (drove) (operated) a motor vehicle.
§ 346.63(1)(a) - Felony 3. At the time the defendant (drove) (operated) a motor vehicle there was a child under the age of 16 in the car.
4. The total number of convictions under Wis. Stat. §§ 940.09(1) and 940.25 in the defendant's lifetime plus the total number of suspensions, revocations and other
convictions equals 2 or greater.
Operating while Under the Influence of an Intoxicant - or -Controlled Substance with a Child in the Car
1. The defendant (drove) (operated) a motor vehicle on a public highway of this state;
§ 346.63(1)(a) - Misdemeanor 2. The defendant was under the influence of a(n) (intoxicant) (controlled substance) at the time the defendant (drove) (operated) a motor vehicle.
3. At the time the defendant (drove) (operated) a motor vehicle there was a child under the age of 16 in the car.
Operating with a Detectable Amount of a Restricted Controlled Substance in the Blood
1. The defendant (drove) (operated) a motor vehicle on a public highway of this state;
§ 346.63(1)(am) - Misdemeanor 2. The defendant had a detectable amount of a restricted controlled substance in his or her blood at the time the defendant (drove) (operated) a motor vehicle .
Operating with a Prohibited Alcohol Level (2nd or 3rd)
1. The defendant (drove) (operated) a motor vehicle on a public highway of this state;
§ 346.63(1)(b) - Misdemeanor
2. The defendant had a prohibited alcohol concentration at the time the defendant (drove) (operated) a motor vehicle.
Operating with a Prohibited Alcohol Level (4th or Greater)
1. The defendant (drove) (operated) a motor vehicle on a public highway of this state;
§ 346.63(1)(b) - Felony
2. The defendant had a prohibited alcohol concentration at the time the defendant (drove) (operated) a motor vehicle.
Operating with a Prohibited Alcohol Level
1. The defendant (drove) (operated) a motor vehicle on a public highway of this state;
§ 346.63(1)(b) - Misdemeanor
2. The defendant had a prohibited alcohol concentration at the time the defendant (drove) (operated) a motor vehicle.
Operating Without a Valid Driver's License
1. The defendant operated a motor vehicle on a public highway of this state;
§ 343.05 - Misdemeanor
2. The defendant did not hold a valid operator's license at the time the motor vehicle was operated.
Physical Abuse of a Child: Intentionally Causing Bodily Harm
1. The defendant caused bodily harm to a person.
§ 948.03(2)(b) - Felony 2. The defendant intentionally caused the harm.
3. The person injured was under the age of 18 years at the time of the offense.
Physical Abuse of a Child: Recklessly Causing Bodily Harm
1. The defendant caused bodily harm to a person.
§ 948.03(3)(b) - Felony 2. The defendant recklessly caused the harm.
3. The person injured was under the age of 18 years at the time of the offense.
Possession of Drug Paraphernalia
1. The defendant possessed an item.
2. The item in question was drug paraphernalia.
§ 961.573 - Misdemeanor
3. The defendant possessed drug paraphernalia with the primary intent to use it to ingest, inhale, or otherwise introduce into the human body a controlled substance.
Possession of a Controlled Substance (Circle the appropriate charge)
1. The defendant possessed a substance.
§ 961.41 2. The substance was a controlled substance.
961.41(3g)(am) - Felony 3. The defendant knew or believed that the substance was a controlled substance.
961.41(3g(b) - Misdemeanor
961.41(3g) (c) - (e) - Misdemeanor
961.41(3g) (c) - (e) - Felony
961.41(f) - Felony
961.41(g) - Felony
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Elements of Criminal Offenses
Initials STATUTE/CHARGE TYPE ELEMENTS
Possession of a Controlled Substance (Controlled Substance Analog)
1. The defendant possessed a substance.
§ 961.41(3g) - Felony 2. The substance was a (controlled substance) (controlled substance analog).
3. The defendant (knew) (believed) that the substance was a (controlled substance) (controlled substance analog).
Possession of a Prescription Drug with Intent to Deliver
1. The defendant possessed a substance.
2. The substance was a prescription drug.
§ 450.11(7)(g) - Felony
3. The defendant (knew) (believed) that the substance was a prescription drug.
4. The defendant intended to deliver a prescription drug.
Possession of an Illegally Obtained Prescription
1. The defendant possessed a prescription drug
§ 450.11(7)(h) - Misdemeanor 2. The defendant knew or believed that the substance was a prescription drug.
3. The defendant obtained the prescription drug without compliance of 450.11(7).
Possession of Burglary Tools
1. The defendant had possession of a tool or device.
§ 943.12 - Felony 2. The tool or device was suitable for use in breaking into a building.
3. The defendant intended to use the tool or device to break into a building with the intent to steal.
Possession of Child Pornography
1. The defendant possessed a recording.
2. The recording showed a child engaged in sexually explicit conduct.
§ 948.12(1m) - Felony 3. The defendant knew that the recording showed a person engaged in actual or simulated sexually explicit conduct.
4. The defendant knew or reasonably should have known that the person in the recording engaged in sexually explicit conduct was under the age of 18 yrs
Possession with Intent to (Manufacture) (Distribute) or Deliver)
1. The defendant possessed a substance.
2. The substance was a (controlled substance) (controlled substance analog).
§ 961.41(1m) - Felony
3. The defendant (knew) (believed) that the substance was a (controlled substance) (controlled substance analog).
4. The defendant intended to (manufacture) (deliver) (distribute) the (controlled substance) (controlled substance analog).
Receiving Stolen Property
1. The defendant intentionally (received) or (concealed) property.
§ 943.34(1)(a) - Misdemeanor 2. The property was stolen property.
3. The defendant knew or believed that the property was stolen, when it was (received) or (concealed).
Recklessly Endangering Safety
1. The defendant endangered the safety of another human being.
§ 941.30(1) - Felony 2. The defendant endangered that person's safety by criminally reckless conduct.
3. The circumstances of conduct showed utter disregard for human life.
Resisting a Traffic Officer By Failing to Stop
1. The defendant operated a motor vehicle on a highway.
§ 346.04(2t) - Misdemeanor 2. The defendant received a visual or audible signal to stop (his) (her) vehicle from a (traffic officer) (marked police vehicle)
3. The defendant knowingly resisted the traffic officer by failing to stop (his) (her) vehicle as promptly as safety reasonably permits.
Resisting an Officer
1. The defendant resisted an officer.
2. The officer was doing an act in an official capacity.
§ 946.41 - Misdemeanor 3. The officer was acting with lawful authority.
4. The defendant knew that the 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.
Retail Theft
1. The defendant intentionally took and carried away merchandise.
2. The merchandise was held for resale by a merchant.
3. The defendant knew that the property involved was merchandise held for resale by a merchant.
4. The defendant did not have the consent to (altered the indicated price ) (value of) (took and carried away) (transferred) (concealed) (retained possession of) this
§ 943.50 (1m)(b) - Felony merchandise.
5. The defendant knew that the merchant did not consent.
6. The defendant intended to permanently deprive the merchant of the merchandise or any portion of the purchase price.
7. The value of the merchandise exceeds $2,500.
Retail Theft (shoplifting)
1. The defendant intentionally (altered the indicated price ) (value of) (took and carried away) (transferred) (concealed) (retained possession of) merchandise.
2. The merchandise was held for resale by a merchant.
3. The defendant knew that the property involved was merchandise held for resale by a merchant.
4. The defendant did not have the consent to (altered the indicated price ) (value of) (took and carried away) (transferred) (concealed) (retained possession of) this
§ 943.50 (1m) - Misdemeanor merchandise.
5. The defendant knew that the merchant did not consent.
6. The defendant intended to permanently deprive the merchant of the merchandise or any portion of the purchase price.
Robbery by Threat of Force
1. The defendant took and carried away property from the person or from the presence of person who was the owner of the property.
2. The defendant took the property with the intent to steal.
§ 943.32(1)(b) - Felony 3. The defendant threatened the imminent use of force against the person with the intent to compel acquiescence in the taking and carrying away of the property.
Robbery by Use of Force
1. The defendant took and carried away property from the person or from the presence of the person who was the owner of the property.
2. The defendant took the property with the intent to steal.
§ 943.32(1)(a) - Felony 3. The defendant used force against the person with the intent to overcome or prevent physical resistance or physical power of resistance to the taking away or carrying away
of the property.
Second Degree Recklessly Endangering Safety
1. The defendant endangered the safety of another human being.
§ 941.30(2) - Felony
2. The defendant endangered the safety of another by criminally reckless conduct:
Second Degree Sexual Assault of a Child: Sexual Contact or Intercourse with a Person who has not Attained the age of 16 years
1. The defendant had (sexual contact) or (sexual intercourse) with a person.
§ 948.02(2) - Felony
2. The person was under the age of 16 years at the time of the (sexual contact) or (sexual intercourse).
Second Degree Sexual Assault: Sexual Contact or Intercourse by Use or Threat of Force or Violence
1. The defendant had sexual (contact) or (intercourse) with the victim
§ 940.225(2)(a) - Felony 2. The victim did not consent to the sexual (contact) or (intercourse).
3. The defendant used force or threatened to use force or violence against the victim
Sexual Assault of a Student by a School Staff Person
1. The defendant had (sexual contact) (sexual intercourse) with a person who was not the defendant's spouse.
2. The person had attained the age of 16 years and had not attained the age of 18 years.
§ 948.095(2) - Felony 3. The person was enrolled as a student in a school or school district.
4. The defendant was a member of the school staff of the school or school district in which the person was enrolled as a student.
Sexual Assault, 4th Degree
1. The defendant had sexual contact with the victim.
§ 940.225(3m) - Misdemeanor
2. The victim did not consent to the sexual contact.
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Elements of Criminal Offenses
Initials STATUTE/CHARGE TYPE ELEMENTS
Sexual Intercourse with a Child Over the Age of Sixteen
1. The defendant had sexual intercourse with a person who was not the defendant's spouse.
§ 948.09 - Misdemeanor
2. The person has attained the age of 16 but has not attained the age of 18.
Strangulation and Suffocation
1. The defendant impeded the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of a person.
§ 940.235(1) - Felony 2. The defendant did so intentionally.
Substantial Battery to an Unborn Child
1. The defendant caused substantial bodily harm to an unborn child.
§ 940.195 (2) - Felony
2. The defendant intended to cause substantial bodily harm to the unborn child or to the woman who was pregnant with the unborn child.
Substantial Battery with Intent to Cause Bodily Harm
1. The defendant caused substantial bodily harm to the victim;
§ 940.19 (2) - Felony
2. The defendant intended to cause bodily harm to (the victim) or (another person).
Taking and Driving a Vehicle Without the Owner's Consent
1. The defendant intentionally took a vehicle without the consent of the owner.
§ 943.23(2) - Felony 2. The defendant intentionally drove a vehicle without the consent of the owner.
3. The defendant knew that the owner of the vehicle did not consent to the taking and driving of the vehicle.
Taking and Operating a Vehicle w/o the Owner's Consent and Abandoning it within 24 Hours
1. The defendant intentionally (drove) or (operated) a vehicle.
2. The vehicle did not belong to the defendant.
§ 943.23(3m) - Misdemeanor 3. The defendant did not have consent to drive or operate the vehicle.
4. The defendant knew that the owner of the vehicle did not consent to (driving) (operating) the vehicle.
5. The defendant abandoned the vehicle without damage within 24 hours after the vehicle was taken from the possession of the owner.
Theft ≥$2500
1. The defendant intentionally (took and carried away) (used) (transferred) (concealed) (retained possession of) movable property of another.
2. The owner of the property did not consent to (taking and carrying away) (using) (transferring) (concealing) (retaining possession of) the property.
§ 943.20(1)(a) - Felony 3. The defendant knew that they did not have the consent of the owner.
4. The defendant intended to permanently deprive the owner of possession of the property.
5. The value of the property was greater than or equal to $2,500.
Theft by Contractor - in excess of $2500
1. The defendant entered into an oral or written agreement for the improvement of land.
2. The defendant received money from the owner under the agreement for the improvement of land.
3. The defendant intentionally used any of the money for a purpose other than the payment of claims due or to become due from the defendant for labor or materials used in
§ 943.20(1)(b) - Felony the improvements before all claims were paid in full.
4. The use of the money was without the consent of the owner of the land and contrary to the defendant's authority.
5. The defendant knew that the use of the money was without the consent of the owner of the land and contrary to the defendant's authority.
Theft by Contractor (loss < $2500)
1. The defendant entered into an oral or written agreement for the improvement of land;
2. The defendant received money from the owner under an agreement for improvement of land;
3. The defendant intentionally used any of the money for a purpose other than the payment of claims due or to become due from the defendant for labor or materials used in
§ 943.20(1)(b) - Misdemeanor the improvements before all claims were paid in full.
4. The money was used without the consent and contrary to the defendant's authority.
5. The defendant knew that the use of the money was without the consent of the owner of the land and contrary to the defendant's authority.
Theft by Employee, Trustee, or Bailee (Embezzlement)
1. The defendant had possession of money belonging to another because of his/her employment.
2. The defendant intentionally used the money without the owner's consent and contrary to the defendant's authority.
§ 943.20(1) (b) - Felony 3. The defendant knew that the use of the money was without the owner's consent and contrary to the defendant's authority.
4. The defendant intended to convert the money to his/her own use or the use of any other person.
Theft by Fraud ≥$2500
1. The defendant made a false representation to the owner of property.
2. The defendant knew that the representation was false.
3. The defendant made the false representation with the intent to deceive and to defraud the owner.
§ 943.20(1)(d) - Felony 4. The defendant obtained title to the property of the owner by means of the false representation.
5. The owner was deceived by the representation.
6. The owner was defrauded by the representation.
7. The value of the property was greater than or equal to $2,500
Theft ($2500 or less)
1. The defendant intentionally (took and carried away) (used) (transferred) (concealed) (retained possession of) movable property of another.
2. The owner of the property did not consent to (taking and carrying away) (using) (transferring) (concealing) (retaining possession of) the property.
§ 943.20(1) - Misdemeanor
3. The defendant knew that they did not have the consent of the owner.
4. The defendant intended to permanently deprive the owner of possession of the property.
Unauthorized Use of an Entity's Identifying Information or Documents
1. The defendant intentionally (used) (attempted to use) (possessed with intent to use) (identifying information) (an identification document) of an entity.
2. The defendant intentionally (used) (attempted to use) (possessed with intent to use) (identifying information) (an identification document) of the entity to obtain (credit)
§ 943.203(2)(a) - Felony (money) (goods) (services) (anything else of value or benefit) or to (harm the reputation) (property) of the entity.
3. The defendant acted without the authorization or consent of the entity and knew that the entity did not give authorization or consent.
4. The defendant intentionally represented that (he) (she) was the entity or that (he) (she) was acting with the (authorization) (consent) of the entity.
Unauthorized use of an Individual's Personal Identifying Information or Documents
1. The defendant intentionally (used) (attempted to use) (possessed with intent to use) (personal identifying information) (a personal identification document) of another
person.
2. The defendant intentionally (used) (attempted to use) (possessed with intent to use) (personal identifying information) (a personal identification document) of another
person in order to obtain (credit) (money) (goods) (services) (employment) (anything else of value or benefit) or to avoid (civil) (criminal) (process) (penalty) or to harm the
§ 943.201 (2) - Felony (reputation) (property) (person) (estate) of the other person.
3. The defendant acted without the (authorization) (consent) of the other person and knew that the other person did not give authorization or consent.
4. The defendant intentionally represented that (he) (she) was the other person or that (he) (she) was acting with the (authorization) (consent) of the other person or that the
(information) (document) belonged to (him) (her).
Unlawful Use of Telephone
1 The defendant made a telephone call to a person.
§ 947.012 (1)(a) - Misdemeanor 2. The defendant intended to (frighten) (intimidate) (threaten) (abuse) (harass) the person.
3. The defendant threatened to inflict (physical harm to) (damage to the property of) any person.
Violating a Temporary Restraining Order or Injunction
1. An injunction or temporary restraining order (TRO) was issued against the defendant.
2. The defendant committed an act that violated the terms of the injunction or TRO.
§ 813.125(7) - Misdemeanor
3. The defendant knew that the injunction or TRO had been issued.
4. The defendant knew that the acts violated the terms of the injunction or TRO.
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