SAMPLE INSTRUCTION:

    Lewd and lascivious conduct is committed by one who publicly and indecently exposes his genitals.

    Before the defendant may be found guilty of this offense, the state must prove by evidence which satisfies you beyond a reasonable doubt that the following four elements were present.

    The first element requires that the defendant knowingly exhibited his genitals to the view of another person or persons.

    The second element requires that such exhibition or exposure by the defendant occurred publicly, that is, not in a hidden manner, but open to view.

    The third element requires that such exhibition or exposure by the defendant occurred under indecent circumstances. Indecent circumstances are circumstances in which the defendant's exhibition or exposure of his genitals is characterized by or incites lust or lechery, and is grossly vulgar and offensive to common propriety.

    The fourth element requires that the defendant knew that the exposure of his genitals occurred under indecent circumstances.

    If you are satisfied beyond a reasonable doubt from the evidence in this case that the defendant knowingly exposed his genitals to the view of another person or persons, that such exposure occurred in a public place and under indecent circumstances, and that the defendant knew that such exposure took place under indecent circumstances, you should find the defendant guilty. If you are not so satisfied you must find the defendant not guilty.

Wis. JI-Criminal 1544 (1989); Black's Law Dictionary 768 (Sixth Ed. 1990) (defining indecent as "[o]ffensive to common propriety; offending against modesty or delicacy; grossly vulgar; obscene; lewd ...); State v. Petrone, 468 N.W.2d 676, 687-88 (1991) (discussing meaning of lewd, including meaning "inciting to lust or lechery"); State v. Lubotsky, 148 Wis.2d 435, 434 N.W.2d 859 (Ct. App. 1988) (same); Payne v. State, 463 So. 2d 271 (Fla. App. 1984) (lascivious exposure means that "'the perpetrator's exposition or exhibition involves an unlawful indulgence in lust, eager for sexual indulgence'" (citations omitted).

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

ALERT:  Carefully review the Caveats and Disclaimers before using these materials.

SAMPLE INSTRUCTION:

    A person who intentionally enters another person's home without consent is not guilty of burglary unless he entered with the intent to commit a felony while inside the home. Masturbation, if committed by one who publicly and indecently exposes his genitals to another person, constitutes the misdemeanor crime of lewd and lascivious behavior. Lewd and lascivious behavior is not a felony.