940.30 False imprisonment. Whoever intentionally confines or restrains another without the person's consent and with knowledge that he or she has no lawful authority to do so is guilty of a Class H felony.
History: 1977 c. 173; 2001 a. 109.
False imprisonment is not a lesser included offense of the crime of kidnapping. Geitner v. State, 59 Wis. 2d 128, 207 N.W.2d 837 (1973).
A victim need only take advantage of reasonable means of escape; a victim need not expose himself or herself or others to danger in attempt to escape. State v. C.V.C., 153 Wis. 2d 145, 450 N.W.2d 463 (Ct. App. 1989).
False imprisonment, or confinement, is the intentional, unlawful, and uncontested restraint by one person of the physical liberty of another. State v. Burroughs, 2002 WI App 18, 250 Wis. 2d 180, 640 N.W.2d 190, 01-0738.
In the context of false imprisonment, consent means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to be confined or restrained. Under the circumstances of this case, even if the jury did not believe that the victim said no, a reasonable jury could have determined beyond a reasonable doubt that the victim did not consent to the restraint. State v. Long, 2009 WI 36, 317 Wis. 2d 92, 765 N.W.2d 557, 07-2307.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 940 - Crimes against life and bodily security.
940.01 - First-degree intentional homicide.
940.02 - First-degree reckless homicide.
940.05 - Second-degree intentional homicide.
940.06 - Second-degree reckless homicide.
940.07 - Homicide resulting from negligent control of vicious animal.
940.08 - Homicide by negligent handling of dangerous weapon, explosives or fire.
940.09 - Homicide by intoxicated use of vehicle or firearm.
940.10 - Homicide by negligent operation of vehicle.
940.11 - Mutilating or hiding a corpse.
940.16 - Partial-birth abortion.
940.19 - Battery; substantial battery; aggravated battery.
940.198 - Physical abuse of an elder person.
940.20 - Battery: special circumstances.
940.201 - Battery or threat to witnesses.
940.203 - Battery or threat to an officer of the court or law enforcement officer.
940.204 - Battery or threat to health care providers and staff.
940.205 - Battery or threat to department of revenue employee.
940.208 - Battery to certain employees of counties, cities, villages, or towns.
940.22 - Sexual exploitation by therapist; duty to report.
940.235 - Strangulation and suffocation.
940.24 - Injury by negligent handling of dangerous weapon, explosives or fire.
940.25 - Injury by intoxicated use of a vehicle.
940.285 - Abuse of individuals at risk.
940.29 - Abuse of residents of penal facilities.
940.291 - Law enforcement officer; failure to render aid.
940.295 - Abuse and neglect of patients and residents.
940.315 - Global positioning devices.
940.34 - Duty to aid victim or report crime.
940.42 - Intimidation of witnesses; misdemeanor.
940.43 - Intimidation of witnesses; felony.
940.44 - Intimidation of victims; misdemeanor.
940.45 - Intimidation of victims; felony.
940.46 - Attempt prosecuted as completed act.