Wisconsin Statutes
Wis. Stat. § 940.305 (2026)
Taking hostages
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940.305(1)(1) Except as provided in sub. (2), whoever by force or threat of imminent force seizes, confines or restrains a person without the person’s consent and with the intent to use the person as a hostage in order to influence a person to perform or not to perform some action demanded by the actor is guilty of a Class B felony.
940.305(2)(2) Whoever commits a violation specified under sub. (1) is guilty of a Class C felony if, before the time of the actor’s arrest, each person who is held as a hostage is released without bodily harm.
940.305 AnnotationThe constitutionality of this section is upheld. State v. Bertrand, 162 Wis. 2d 411, 469 N.W.2d 873 (Ct. App. 1991).
Notes of Decisions
Cited in 5
cases, 1991–2010 · leading case: State v. Setagord, 565 N.W.2d 506 (Wis. 1997).
State v. Setagord, 565 N.W.2d 506 (Wis. 1997). “The State filed a criminal complaint that charged Downing, Setagord and Ruiz with the Class A felony of taking a hostage, as a party to a crime, in violation of Wis. Stat. §§ 940.305 [1] and 939.05; with conspiracy to escape, in violation of Wis.”
State v. Smith, 2010 WI 16, 780 N.W.2d 90. “[7] Smith was originally charged with party to the crime of taking a hostage, contrary to Wis. Stat. §§ 940.305 and 939.05. A conviction for hostage taking is not a crime that triggers mandatory sex offender registration.”
State v. Bertrand, 469 N.W.2d 873 (Wis. Ct. App. 1991). “Bertrand interprets the hostage-taking statute, sec. 940.305, Stats., as requiring that the hostage be injured before a person can be convicted of a Class A felony and that the state must prove specific intent to inflict harm.”
State v. Setagord, 523 N.W.2d 124 (Wis. Ct. App. 1994). “A person who takes a hostage contrary to § 940.305, Stats., is guilty of a Class A felony.”
Jerry M. v. Dennis L.M., 542 N.W.2d 162 (Wis. Ct. App. 1995). “; two counts of confining a person without con *15 sent, contrary to §§ 940.305 and 939.63(l)(a)2, STATS.; and two counts of false imprisonment, contrary to §§ 940.”
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