940.31(1)(1) Whoever does any of the following is guilty of a Class C felony:
Effective date note
NOTE: Sub. (1) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(1) Whoever does any of the following is guilty of a Class B felony:
940.31(1)(a)
(a) By force or threat of imminent force carries another from one place to another without his or her consent and with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will; or
940.31(1)(b)
(b) By force or threat of imminent force seizes or confines another without his or her consent and with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will; or
940.31(1)(c)
(c) By deceit induces another to go from one place to another with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will.
940.31(2)(a)(a) Except as provided in
par. (b), whoever violates
sub. (1) with intent to cause another to transfer property in order to obtain the release of the victim is guilty of a Class B felony.
Effective date note
NOTE: Par. (a) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(a) Except as provided in par. (b), whoever violates sub. (1) with intent to cause another to transfer property in order to obtain the release of the victim is guilty of a Class A felony.
940.31(2)(b)
(b) Whoever violates
sub. (1) with intent to cause another to transfer property in order to obtain the release of the victim is guilty of a Class C felony if the victim is released without permanent physical injury prior to the time the first witness is sworn at the trial.
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(b) Whoever violates sub. (1) with intent to cause another to transfer property in order to obtain the release of the victim is guilty of a Class B felony if the victim is released without permanent physical injury prior to the time the first witness is sworn at the trial.
940.31 Annotation
A conviction under sub. (1) (c) does not require proof of express or implied misrepresentations. State v. Dalton,
98 Wis. 2d 725,
298 N.W.2d 398 (Ct. App. 1980).
940.31 Annotation
The "service" element under sub. (1) (b) is satisfied by proof of sexual assault. State v. Clement,
153 Wis. 2d 287,
450 N.W.2d 789 (Ct. App. 1989).
940.31 Annotation
Parental immunity does not extend to an agent acting for the parent. State v. Simplot,
180 Wis. 2d 383,
509 N.W.2d 338 (Ct. App. 1993).
940.31 Annotation
Forced movement of a person from one part of a building to another satisfies the "carries another from one place to another" element of sub. (1) (a). State v. Wagner,
191 Wis. 2d 322,
528 N.W.2d 85 (Ct. App. 1995).
940.31 Annotation
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.
940.32(1)(a)
(a) "Course of conduct" means a series of 2 or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following:
940.32(1)(a)1.
1. Maintaining a visual or physical proximity to the victim.
940.32(1)(a)3.
3. Appearing at the victim's workplace or contacting the victim's employer or coworkers.
940.32(1)(a)4.
4. Appearing at the victim's home or contacting the victim's neighbors.
940.32(1)(a)5.
5. Entering property owned, leased, or occupied by the victim.
940.32(1)(a)6.
6. Contacting the victim by telephone or causing the victim's telephone or any other person's telephone to ring repeatedly or continuously, regardless of whether a conversation ensues.
940.32(1)(a)7.
7. Sending material by any means to the victim or, for the purpose of obtaining information about, disseminating information about, or communicating with the victim, to a member of the victim's family or household or an employer, coworker, or friend of the victim.
940.32(1)(a)8.
8. Placing an object on or delivering an object to property owned, leased, or occupied by the victim.
940.32(1)(a)9.
9. Delivering an object to a member of the victim's family or household or an employer, coworker, or friend of the victim or placing an object on, or delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be delivered to the victim.
940.32(1)(ap)
(ap) "Domestic abuse offense" means an act of domestic abuse that constitutes a crime.
940.32(1)(c)
(c) "Labor dispute" includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
940.32(1)(cb)
(cb) "Member of a family" means a spouse, parent, child, sibling, or any other person who is related by blood or adoption to another.
940.32(1)(cd)
(cd) "Member of a household" means a person who regularly resides in the household of another or who within the previous 6 months regularly resided in the household of another.
940.32(2)
(2) Whoever meets all of the following criteria is guilty of a Class I felony:
Effective date note
NOTE: Sub. (2) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(2) Whoever meets all of the following criteria is guilty of a Class E felony:
940.32(2)(a)
(a) The actor intentionally engages in a course of conduct directed at a specific person that would cause a reasonable person under the same circumstances to fear bodily injury to or the death of himself or herself or a member of his or her family or household.
940.32(2)(b)
(b) The actor intends that at least one of the acts that constitute the course of conduct will place the specific person in reasonable fear of bodily injury to or the death of himself or herself or a member of his or her family or household.
940.32(2)(c)
(c) The actor's acts induce fear in the specific person of bodily injury to or the death of himself or herself or a member of his or her family or household.
940.32(2e)
(2e) Whoever meets all of the following criteria is guilty of a Class I felony:
Effective date note
NOTE: Sub. (2e) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(2e) Whoever meets all of the following criteria is guilty of a Class E felony:
940.32(2e)(a)
(a) After having been convicted of sexual assault under
s. 940.225,
948.02, or
948.025 or a domestic abuse offense, the actor engages in any of the acts listed in
sub. (1) (a) 1. to
10., if the act is directed at the victim of the sexual assault or the domestic abuse offense.
940.32(2e)(b)
(b) The actor intends that the act will place the specific person in reasonable fear of bodily injury to or the death of himself or herself or a member of his or her family or household.
940.32(2e)(c)
(c) The actor's act induces fear in the specific person of bodily injury to or the death of himself or herself or a member of his or her family or household.
940.32(2m)
(2m) Whoever violates
sub. (2) is guilty of a Class H felony if any of the following applies:
Effective date note
NOTE: Sub. (2m) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(2m) Whoever violates sub. (2) is guilty of a Class D felony if any of the following applies:
940.32(2m)(b)
(b) The actor has a previous conviction for a crime, the victim of that crime is the victim of the present violation of
sub. (2), and the present violation occurs within 7 years after the prior conviction.
940.32(2m)(c)
(c) The actor intentionally gains access or causes another person to gain access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation.
940.32(2m)(e)
(e) The victim is under the age of 18 years at the time of the violation.
940.32(3)
(3) Whoever violates
sub. (2) is guilty of a Class F felony if any of the following applies:
Effective date note
NOTE: Sub. (3) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(3) Whoever violates sub. (2) is guilty of a Class C felony if any of the following applies:
940.32(3)(a)
(a) The act results in bodily harm to the victim or a member of the victim's family or household.
940.32(3)(b)
(b) The actor has a previous conviction for a violent crime, as defined in
s. 939.632 (1) (e) 1., or a previous conviction under this section or
s. 947.013 (1r),
(1t),
(1v) or
(1x), the victim of that crime is the victim of the present violation of
sub. (2), and the present violation occurs within 7 years after the prior conviction.
940.32(4)(a)(a) This section does not apply to conduct that is or acts that are protected by the person's right to freedom of speech or to peaceably assemble with others under the state and
U.S. constitutions, including, but not limited to, any of the following:
940.32(4)(a)1.
1. Giving publicity to and obtaining or communicating information regarding any subject, whether by advertising, speaking or patrolling any public street or any place where any person or persons may lawfully be.
940.32(4)(b)
(b) Paragraph (a) does not limit the activities that may be considered to serve a legitimate purpose under this section.
940.32(5)
(5) This section does not apply to conduct arising out of or in connection with a labor dispute.
940.32(6)
(6) The provisions of this statute are severable. If any provision of this statute is invalid or if any application thereof is invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application.
940.32 History
History: 1993 a. 96,
496;
2001 a. 109.
940.32 Annotation
This section does not violate the right to interstate travel and is not unconstitutionally vague or overbroad. State v. Reusch,
214 Wis. 2d 547,
571 N.W.2d 857 (Ct. App. 1997).
940.32 Annotation
The actor's "acts" under sub. (2) (c) are not the equivalent of the actor's "course of conduct" under sub. (2) (a). There must be proof that the actor's acts caused fear and not that the course of conduct caused fear. State v. Sveum,
220 Wis. 2d 396,
584 N.W.2d 137 (Ct. App. 1998).
940.34
940.34
Duty to aid victim or report crime. 940.34(2)(a)(a) Any person who knows that a crime is being committed and that a victim is exposed to bodily harm shall summon law enforcement officers or other assistance or shall provide assistance to the victim.
940.34(2)(b)
(b) Any person licensed as a private detective or granted a private security permit under
s. 440.26 who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief.
940.34(2)(c)1.1. In this paragraph, "unlicensed private security person" means a private security person, as defined in
s. 440.26 (1m) (h), who is exempt from the permit and licensure requirements of
s. 440.26.
940.34(2)(c)2.
2. Any unlicensed private security person who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief.
