Wis JI-Criminal 1278

Statutory Definition of the Crime

Taking a hostage, as defined in § 940.305 of the Criminal Code of Wisconsin, is

committed by one who, by force or threat of imminent force, seizes, confines, or restrains a

person without the person's consent and with intent to use the person as a hostage in order to

influence another person to perform or not to perform some action demanded by the

defendant [and does not release the person held as a hostage without bodily harm prior to the

time of arrest]. 1

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) (six) 2

elements were present.

Elements of the Crime That the State Must Prove

1. The defendant (seized) (confined) (restrained) 3 (name of victim).

2. The defendant (seized) (confined) (restrained) (name of victim) without (his) (her)

consent.

3. The defendant (seized) (confined) (restrained) (name of victim) forcibly.

4. The defendant (seized) (confined) (restrained) (name of victim) with intent to use4

(name of victim) as a hostage in order to influence a person to perform (or not to

perform) some action demanded by the defendant.

5. The defendant demanded by conduct or statements that another person (not) perform

some action. 5

[6. The defendant did not release (name of victim) without bodily harm prior to the

defendant's arrest. Bodily harm means physical pain or injury, illness, or any

impairment of physical condition. 6] 7

ADD THE FOLLOWING IF RAISED BY THE EVIDENCE. 8

[Meaning of "Without Consent"]

["Without consent," as used here, 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).]

Meaning of "Forcibly"

"Forcibly" means that the defendant actually used force or threatened the use of

imminent force to overcome or to prevent (name of victim) 's resistance to being (seized)

(confined) (restrained). 9 "Imminent" means "near at hand" or "on the point of happening."10

ADD THE FOLLOWING IF RAISED BY THE EVIDENCE. 11

["Forcibly" includes the (use of) (threat to use) force directed at a (third person in the

presence of) (member of the immediate family of) (name of victim) if that (use of)

(threat to use) force results in the (seizing) (confining) (restraining) of

(name of victim) .]

Deciding About Intent

You cannot look into a person's mind to find out intent. Intent must be found, if found at

all, from the defendant's acts, words, ands statements, if any, and from all the facts and

circumstances in this case bearing upon intent.

Jury's Decision

If you are satisfied beyond a reasonable doubt that all [five] [six] 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. 12