Wisconsin Statutes

Wis. Stat. § 940.30 (2026)

False imprisonment

✓ current as of July 2026
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940.30940.30False imprisonment. Whoever intentionally confines or restrains another without the person’s consent and with knowledge that he or she has no lawful authority to do so is guilty of a Class H felony.
940.30 HistoryHistory: 1977 c. 173; 2001 a. 109.
940.30 AnnotationFalse imprisonment is not a lesser included offense of the crime of kidnapping. Geitner v. State, 59 Wis. 2d 128, 207 N.W.2d 837 (1973).
940.30 AnnotationA victim need only take advantage of reasonable means of escape; a victim need not expose himself or herself or others to danger in attempt to escape. State v. C.V.C., 153 Wis. 2d 145, 450 N.W.2d 463 (Ct. App. 1989).
940.30 AnnotationFalse imprisonment, or 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, 01-0738.
940.30 AnnotationIn the context of false imprisonment, consent means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to be confined or restrained. Under the circumstances of this case, even if the jury did not believe that the victim said no, a reasonable jury could have determined beyond a reasonable doubt that the victim did not consent to the restraint. State v. Long, 2009 WI 36, 317 Wis. 2d 92, 765 N.W.2d 557, 07-2307.
Notes of Decisions
Cited in 76 cases (13 in the last 5 years), 1974–2026 · leading case: State v. Smith, 2010 WI 16 (Wis. 2010).
State v. Smith, 2010 WI 16 (Wis. 2010). · cites it 14× “FACTUAL AND PROCEDURAL BACKGROUND ¶ 3 On March 12, 2001, Smith pled guilty to the charge of false imprisonment in violation of Wis. Stat. § 940.30 (1999-2000). [3] *93 According to the criminal complaint, Smith and others forced a minor to ride around with them in a vehicle in…”
State v. Sullivan, 576 N.W.2d 30 (Wis. 1998). · cites it 4× “19 (1); false imprisonment contrary to Wis. Stat. § 940.30 ; and intimidation of a victim contrary to Wis.”
United States v. Billups, 536 F.3d 574 (7th Cir. 2008). · cites it 5× “However, he contests the categorization of his Wisconsin false imprisonment conviction, under Wis. Stat. § 940.30 , as a “crime of violence” for purposes of §§ 4Bl.”
State v. Myron C. Dillard, 2014 WI 123 (Wis. 2014). · cites it 3× “§ 940.30 , with a repeater enhancer pursuant to Wis.”
State v. Timothy L. Finley, Jr., 2016 WI 63 (Wis. 2016). · cites it 3× “§§ 940.30 and 968.075(1)(a). The complaint stated in part that, upon conviction, Finley could be imprisoned: (1) up to 12.”
State v. Randle, 2002 WI App 116 (Wis. Ct. App. 2002). · cites it 6× “§§ 940.30 *747 and 940.225(3) (1997-98). [2] He also appeals from a postconviction order denying his motion to vacate the judgment and withdraw his plea.”
State v. Teynor, 414 N.W.2d 76 (Wis. Ct. App. 1987). · cites it 7× “, and four counts of false imprisonment contrary to sec. 940.30, Stats., and an order denying his postconviction motion for relief.”
State v. Watson, 595 N.W.2d 403 (Wis. 1999). · cites it 4× “19 (1) (1979-80), 5 two counts of false imprisonment in violation of Wis. Stat. § 940.30 , 6 and one count of endangering safety by conduct regardless of life in violation of Wis.”
State v. Byrge, 2000 WI 101 (Wis. 2000). · cites it 4× “11 (2), (2) false imprisonment contrary to Wis. Stat. § 940.30 , (3) bail jumping contrary to Wis.”
State v. Adrean L. Smith, 2014 WI 88 (Wis. 2014). · cites it 4× “63(1)(b), a Class E felony; two counts of False Imprisonment, as a Party to the Crime, by Use of a Dangerous Weapon, contrary to Wis. Stat. §§ 940.30 , 939.50(3)(h), 939.”
State v. James Elvin Lagrone, 2016 WI 26 (Wis. 2016). · cites it 3× “§ 940.30 (2011-12); (3) 4 The facts of this case are not material to the outcome of this appeal and are taken from the criminal complaint filed against Lagrone.”
State v. Fernando Ortiz-Mondragon, 2015 WI 73 (Wis. 2015). · cites it 3× “§ 940.30 ; (3) felony intimidation of a victim, contrary to Wis.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.