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Wis. Stat. § 948.30

Abduction of another’s child; constructive custody

Applied in 3 court decisions — leading case State v. Ziegler (2012)

Most recently applied in State v. Ziegler (July 2012)

1987 a. 332; 2001 a. 109.

How often courts cite this section

199620002010201210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.