WI · jury_instructions
Wis JI-Criminal 2167
Interference with Custody of a Child
Statutory Definition of the Crime
Interference with the custody of a child, as defined in § 948.31(2) of the Criminal
Code of Wisconsin, is committed by one who (causes a child to leave) (takes a child
away) (withholds a child for more than 12 hours) 2 from the parents 3 of the child without
the consent 4 of the parents.
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. On (date of alleged offense), (name of child) had not attained the age of 18
years. 5
2. (Name of parents) were the parents 6 of (name of child).
3. The defendant (caused (name of child) to leave) (took (name of child) away)
(withheld (name of child) for more than 12 hours) 7 from (name of parents)
without their consent. 8
"Without consent" means no consent in fact. 9
The act need not be accompanied by force or violence.
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 2167 (2009). Release No. 47, 5/2009. © 2009, Regents, Univ. of Wis. 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
b7ea4a7091cbf682ed64e71150420b88b22c3354369125a63fad5bcfff8f705f
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