False Imprisonment Charge in Wisconsin

What the State must prove to convict you of False Imprisonment in Wisconsin

The state must prove five separate elements beyond a reasonable doubt in order to convict you of false imprisonment. Those elements are as follows:

1. That you confined or restrained another individual;
2. You confined or restrained that individual intentionally;
3. The individual was confined or restrained without his or her consent;
4. You had no lawful authority to confine or restrain that individual; and
5. you knew the individual did not consent and knew that you did not have lawful authority to confine or restrain the individual.

Being restrained or confined means that the individual’s freedom of movement was taken away. In addition, he or she was forced to remain where they did not want to remain. Physical force is not required, neither is being locked up. However, the individual is not considered confined or restrained if they could have escaped or taken reasonable action to avoid it.

Can I restrain someone from hurting my family or taking my property?

Yes, in certain situations you can. Recognized defenses such as self defense and defense of property are available to you according to Wisconsin law. Additionally, if you are accused of False Imprisonment with your child as the alleged victim, you may have a defense. To a certain extent you have the authority to discipline your child. Wisconsin law recognizes this authority in parent child relationships.