Wis JI-Criminal 1282

Statutory Definition of the Crime

Kidnapping, as defined in § 940.31(1)(c) of the Criminal Code of Wisconsin, is

committed by one who by deceit induces another person to go from one place to another with

intent to cause (him) (her) to be secretly confined or imprisoned or to be carried out of this

state or to be held to service against (his) (her) will.

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 three elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant induced (name of victim) to go from one place to another. 1

2. The defendant induced (name of victim) to go from one place to another by

deceit.

["By deceit" requires that the defendant induced (name of victim) to go

from one place to another by (making a false statement) (giving a false

impression).] 2

3. The defendant induced (name of victim) to go from one place to another with

intent that 3 (name of victim) be (secretly confined) (secretly imprisoned)

(transported out of this state) (held to service against (his) (her) will). 4

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 three 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.

ADD THE FOLLOWING 5 IF DEFENDANT HAS BEEN CHARGED UNDER

§ 940.31(2): COMMITTING THE OFFENSE WITH INTENT TO CAUSE

ANOTHER TO TRANSFER PROPERTY TO OBTAIN THE

VICTIM'S RELEASE.

If you find the defendant guilty of kidnapping, you must consider the following question:

"Did the defendant commit this offense with intent to cause another person

to transfer money or other form of property6 in order to obtain the release of

(name of victim) ?"

Before you may answer this question "yes," the State must satisfy you beyond a

reasonable doubt that the defendant committed this offense with the intent to cause another

person to transfer money or other form of property in order to obtain the release of

(name of victim). 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 and words and statements, if any, bearing on

his intent.

If you are satisfied beyond a reasonable doubt that the defendant committed this offense

with the intent to cause another person to transfer money or other form of property in order to

obtain the release of (name of victim), you should answer this question "yes."

If you are not so satisfied, you must answer this question "no."

ADD THE FOLLOWING 7 IF THERE IS SOME EVIDENCE IN THE CASE

THAT THE VICTIM WAS RELEASED WITHOUT PERMANENT PHYSICAL

INJURY.

If you answer the first question "yes," you must consider the following question:

"Did the defendant fail to release (name of victim) without permanent

physical injury (prior to the time the first witness was sworn at trial)?" 8

The burden is on the State to satisfy you beyond a reasonable doubt that the defendant

did not release (name of victim) without permanent physical injury (prior to the first witness

being sworn at trial). 9 If you are so satisfied, you should answer this question "yes."

If you are not so satisfied, you must answer this question "no."