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Wis JI-Criminal 2168

Interference with the Custody of a Child by a Parent: Concealing a Child

activein force · 2009-05-01 – presentas-observed

Statutory Definition of the Crime

Interference with the custody of a child by a parent, as defined in § 948.31(3)(a) of

the Criminal Code of Wisconsin, is committed by (a parent) (any person acting pursuant

to directions from a parent) who intentionally conceals a child from the child's other

parent.

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

years. 2

2. (Name of defendant) was (a parent) 3 (acting pursuant to directions from a

parent) of (name of child).

3. (Name of defendant) concealed (name of child) from the other parent.

"Conceal" means to hide the child or do something else which prevents or

makes more difficult the discovery of the child by the other parent. 4

4. The defendant intentionally concealed (name of child).

This requires that the defendant acted with the purpose 5 to conceal (name of

child) from the other parent and to interfere with that parent's custody rights. 6

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 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 2168 (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
b752f94c95a9e43d1a1fc8954c5c6078ece96232d5d82e7ac0b6f5b50d6f6d1c
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