Wisconsin Statutes 948.30 – Abduction of another’s child; constructive custody
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Wisconsin Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 40 years | up to $100,000 |
| Class E felony | up to 15 years | up to $50,000 |
Terms Used In Wisconsin Statutes 948.30
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(1) Any person who, for any unlawful purpose, does any of the following is guilty of a Class E felony:
(a) Takes a child who is not his or her own by birth or adoption from the child’s home or the custody of his or her parent, guardian or legal custodian.
(b) Detains a child who is not his or her own by birth or adoption when the child is away from home or the custody of his or her parent, guardian or legal custodian.
(2) Any person who, for any unlawful purpose, does any of the following is guilty of a Class C felony:
(a) By force or threat of imminent force, takes a child who is not his or her own by birth or adoption from the child’s home or the custody of his or her parent, guardian or legal custodian.
(b) By force or threat of imminent force, detains a child who is not his or her own by birth or adoption when the child is away from home or the custody of his or her parent, guardian or legal custodian.
(3) For purposes of subs. (1) (a) and (2) (a), a child is in the custody of his or her parent, guardian or legal custodian if:
(a) The child is in the actual physical custody of the parent, guardian or legal custodian; or
(b) The child is not in the actual physical custody of his or her parent, guardian or legal custodian, but the parent, guardian or legal custodian continues to have control of the child.