Kidnapping Defense Lawyer in Wisconsin
Charged with Kidnapping under Wis. Stat. § 940.31? Call Chirafisi Anderson, S.C. to start your defense – Free Consultations
What the Law Says About Kidnapping
Under Wis. Stat. § 940.31, a person commits Kidnapping when they, by force, threat, or deceit, carry, seize, or confine another person without that person’s consent and with intent to secretly confine or imprison the person, remove the person from Wisconsin, or hold the person to service against their will.
Wisconsin law distinguishes between general kidnapping, kidnapping for ransom, and whether the alleged victim was released without permanent physical injury. The severity of the charge and potential penalties depend on the defendant’s intent, the manner of restraint or movement, and the circumstances surrounding the alleged confinement.
A kidnapping involving a minor may trigger sex-offender registration under Wis. Stat. § 301.45(1d)(b) when not committed by the minor’s parent.
What the State Must Prove to Convict on a Kidnapping Charge
To convict a defendant of Kidnapping under Wis. Stat. § 940.31, the State must prove each of the following elements beyond a reasonable doubt:
- The defendant transported the victim from on place to another.
- The defendant transported the victim without their consent.
- The defendant transported the victim from one place to another forcibly.
- The defendant transported the victim from one place to another with intent that the victim be (secretly confined) (secretly imprisoned) (transported out of this state) (held to service against (his) (her) will).
If the offense was committed for ransom, the State must also prove that:
- The defendant acted with intent to cause another to transfer property to obtain the victim’s release.
These elements are detailed in Wisconsin Jury Instruction – Criminal 1280 Kidnapping.
Penalties and Sentencing for Kidnapping in Wisconsin
Kidnapping offenses under Wis. Stat. § 940.31 are punished based on the defendant’s intent, whether ransom is alleged, and whether the alleged victim was released without permanent physical injury.
|
Offense |
Statutory Reference |
Classification |
Maximum Penalty |
|---|---|---|---|
|
Kidnapping |
§ 940.31(1) |
Class C Felony |
40 years prison + $100,000 fine |
|
Kidnapping for ransom |
§ 940.31(2)(a) |
Class B Felony |
60 years prison + $100,000 fine |
|
Ransom—victim released uninjured |
§ 940.31(2)(b) |
Class C Felony |
40 years prison + $100,000 fine |
n determining sentence length and confinement structure, courts commonly consider the use of force or weapons, duration of confinement, injury to the alleged victim, motive, and the defendant’s prior criminal history. Convictions also carry lifetime firearm prohibitions and, in cases involving a minor victim who is not the defendant’s child, may require sex-offender registration.
REQUEST A FREE AND CONFIDENTIAL CONSULTATION
Common Scenarios in Kidnapping Charges in Wisconsin
Kidnapping charges often arise from situations where prosecutors allege forced movement or confinement coupled with a specific unlawful intent. Common scenarios include:
- Domestic or relationship-related disputes involving forced movement or confinement
- Abductions or custodial interference beyond parental authority
- “Held to service” cases involving forced labor or coercion
- Cases of deceitful inducement or false promises to isolate another
- Alleged ransom or financial-motive kidnappings
Defenses and Legal Strategies for Kidnapping Charges
Kidnapping cases often turn on intent, consent, and whether the alleged movement or confinement exceeds what the law permits. Effective defense strategies focus on whether the State can prove each element required under Wis. Stat. § 940.31.
Check out some of the felony case results obtained by our attorneys: Criminal Defense Case Results
Why Hiring a Kidnapping Defense Lawyer Matters
Kidnapping is among the most aggressively prosecuted violent felonies in Wisconsin and can carry decades of prison exposure and lifelong collateral consequences. These cases often hinge on fine distinctions – consent versus coercion, movement versus restraint, and whether the State can prove the specific intent required by the statute. Early, experienced legal representation is essential to preventing overcharging and protecting your rights.
Contact Chirafisi Anderson, S.C.
A Kidnapping charge places your freedom and future at immediate risk. These cases require careful analysis of intent, consent, and the circumstances of any alleged movement or confinement to prevent overcharging and unnecessary felony exposure. An experienced defense attorney can intervene early to protect your rights and build a defense grounded in fact and law.
Chirafisi Anderson, S.C. represents individuals charged with Kidnapping and other serious violent offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.