Wis JI-Criminal 1275

Statutory Definition of the Crime

False imprisonment, as defined in § 940.30 of the Criminal Code of Wisconsin, is

committed by one who intentionally confines or restrains another without the person's

consent and with knowledge that (he) (she) has no lawful authority to do so.

State's Burden of Proof

Before you may find the defendant guilty of this offense, the State must prove by

evidence which satisfies you beyond a reasonable doubt that the following five elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant confined or restrained (name of victim).

2. The defendant confined or restrained (name of victim) intentionally.

This requires that the defendant had the mental purpose to confine or restrain

(name of victim). 1

3. (Name of victim) was confined or restrained without (his) (her) consent. 2

4. The defendant had no lawful authority to confine or restrain (name of victim). 3

5. The defendant knew that (name of victim) did not consent and knew that (he) (she)

did not have lawful authority to confine or restrain (name of victim). 4

Meaning of "Confined" or "Restrained"

Although this requires genuine restraint or confinement, it does not require that it be in a

jail or prison. If the defendant deprived (name of victim) of freedom of movement, 5 or

compelled (him) (her) to remain where (he) (she) did not wish to remain, then

(name of victim) was confined or restrained. The use of physical force is not required. One

may be confined or restrained by acts or words or both. 6

ADD THE FOLLOWING IF THE ISSUE OF "ESCAPE" IS RAISED BY THE

EVIDENCE: 7

[A person is not confined or restrained if (he) (she) knew (he) (she) could have

avoided it by taking reasonable action.]

[A reasonable opportunity to escape does not change confinement or restraint that

has occurred.]

ADD THE FOLLOWING IF RAISED BY THE EVIDENCE: 8

[Meaning of "Without Consent"]

["Without consent" means that there was no consent in fact or that consent was given by

(name of victim) because of fear caused by the defendant's use or threat of imminent use of

physical violence on ( (name of victim) ) (on another person in the presence of

(name of victim) ) (on a member of (name of victim) 's immediate family).]

Deciding About Intent and Knowledge

You cannot look into a person's mind to find out intent or knowledge. Intent and

knowledge must be found, if found at all, from the defendant's acts, words, and statements, if

any, and from all the facts and circumstances in this case bearing upon intent and knowledge.

Jury's Decision

If you are satisfied beyond a reasonable doubt that all five elements of this offense have

been proved, you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.