WI · jury_instructions

Wis JI-Criminal 2161

Abduction of Another's Child: Detaining Away from Home

activein force · 2023-01-01 – presentas-observed

Statutory Definition of the Crime

Abduction of another’s child, as defined in § 948.30(1)(b) of the Criminal Code of

Wisconsin, is committed by one who for any unlawful purpose detains any child who is

not his or her own by birth or adoption and who is away [from the child’s home] [from the

custody of the child’s (parent) (guardian) (legal custodian)].

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 detained (name of victim) who was away [from (his) (her) home]

[from the actual physical custody1 of (his) (her) (parent) (guardian) (legal

custodian)].

2. At the time of the alleged detaining, (name of victim) was a child under the age of

18 years who was not the defendant’s child by birth or adoption.

Knowledge of (name of victim)’s age is not material2 and mistake regarding

(name of victim)’s age is not a defense.

3. The defendant detained the child for an unlawful purpose.

The defendant need not know that (his) (her) purpose was unlawful; it is

sufficient if, in fact, the purpose was an unlawful one.3

The State alleges that the defendant’s unlawful purpose was to commit the

crime of (name of crime). (Name of crime) is committed by one who

LIST THE ELEMENTS OF THE ALLEGED CRIME AS

IDENTIFIED IN THE UNIFORM INSTRUCTION. ADD

DEFINITIONS FROM THE UNIFORM INSTRUCTION AS

NECESSARY.4

Deciding About Purpose

You cannot look into a person’s mind to find purpose. Purpose 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 purpose.

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.

History

Wis JI-Criminal 2161 (1/2023). Release No. 61. Wisconsin Court System, 1/2023. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.

Provenance

Source: wilawlibrary.gov
Retrieved: 2026-09-24
Edition: 2026-09-24
Content hash: 3009334cb0cdacf0ed51c7deac6c0ddb10b9845aa6262ba9ed63af8f2622e3cd

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