WI · jury_instructions
Wis JI-Criminal 2163
Abduction of Another's Child: Detaining by Force or Threat of Force
Statutory Definition of the Crime
Abduction of another’s child, as defined in § 948.30(2)(b) of the Criminal Code of
Wisconsin, is committed by one who for any unlawful purpose, and by force or threat of
imminent force, 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 four 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 detention, (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
3. The defendant detained (name of victim) by force or threat of imminent force.
The term “imminent” means “near at hand” or “on the point of happening.”4
4. The defendant detained (name of victim) for an unlawful purpose.
The defendant need not know that (his) (her) purpose is unlawful; it is
sufficient if, in fact, the purpose is an unlawful one.5
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.6
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 four 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 2163 (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
2d9178ac16594a8a7defdfb5a48fe81f8245297350a170cb317da7c3a78a89eb
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