Wis JI-Criminal 2166

Statutory Definition of the Crime

Interference with the custody of a child, as defined in § 948.31(1)(b) of the Criminal

Code of Wisconsin, is committed by one who intentionally (causes a child to leave) (takes

a child away) (withholds a child for more than 12 hours beyond the court-approved period

of physical placement or visitation period)1 from a legal custodian, without the legal

custodian’s consent, and does so for the specific purpose of depriving the custodian of the

custody rights conferred by a court order.2

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. On (date of alleged offense), (name of child) had not attained the age of 18 years.3

2. (Name of custodian) had legal custody4 of (name of child) under a (court order)5

(judgment) in an action for (specify the type of action).6

3. The defendant (caused (name of child) to leave) (took (name of child) away)

(withheld (name of child) for more than 12 hours beyond the court-approved

period of physical placement7 or visitation period) from (name of custodian)

without the consent of (name of custodian).8

“Without consent” means no consent in fact.9

The act need not be accompanied by force or violence.

4. The defendant acted intentionally.

“Intentionally” means that the defendant acted with the mental purpose to

(cause (name of child) to leave) (take (name of child) away) (withhold (name of

child) for more than 12 hours beyond the court-approved period of physical

placement or visitation period).

“Intentionally” also requires that the defendant knew that (name of custodian)

had legal custody of (name of child) under a (court order) (judgment)10 and knew

that (name of custodian) did not give consent to (cause (name of child) to leave)

(take (name of child) away) (withhold (name of child)).

5. The defendant acted with the purpose of depriving (name of custodian) of the

custody rights conferred by the court order.

“Purpose to deprive” means that the defendant acted with the intent to

substantially interfere with (name of custodian)’s lawful custody rights, even if

only temporarily.

Deciding About Intent

You cannot look into a person’s mind to find intent. Intent 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.

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.