Wisconsin Statutes
Wis. Stat. § 940.31 (2026)
Kidnapping
✓ current as of July 2026
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940.31(1)(a)(a) By force or threat of imminent force carries another from one place to another without his or her consent and with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will; or
940.31(1)(b)(b) By force or threat of imminent force seizes or confines another without his or her consent and with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will; or
940.31(1)(c)(c) By deceit induces another to go from one place to another with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will.
940.31(2)(a)(a) Except as provided in par. (b), whoever violates sub. (1) with intent to cause another to transfer property in order to obtain the release of the victim is guilty of a Class B felony.
940.31(2)(b)(b) Whoever violates sub. (1) with intent to cause another to transfer property in order to obtain the release of the victim is guilty of a Class C felony if the victim is released without permanent physical injury prior to the time the first witness is sworn at the trial.
940.31 AnnotationA conviction under sub. (1) (c) does not require proof of express or implied misrepresentations. State v. Dalton, 98 Wis. 2d 725, 298 N.W.2d 398 (Ct. App. 1980).
940.31 Annotation“Service,” as used in this section, includes acts done at the command of another and clearly embraces sexual acts performed at the command of another. State v. Clement, 153 Wis. 2d 287, 450 N.W.2d 789 (Ct. App. 1989).
940.31 AnnotationParental immunity does not extend to an agent acting for the parent. State v. Simplot, 180 Wis. 2d 383, 509 N.W.2d 338 (Ct. App. 1993).
940.31 AnnotationForced movement of a person from one part of a building to another satisfies the “carries another from one place to another” element of sub. (1) (a). State v. Wagner, 191 Wis. 2d 322, 528 N.W.2d 85 (Ct. App. 1995).
940.31 AnnotationConfinement 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.
940.31 AnnotationSub. (2) (b) allows for a lesser degree of kidnapping if two additional elements are present: 1) the victim is released prior to the first witness testimony, and 2) there is no permanent physical injury to the victim. Once there is some evidence of the mitigating factor of no permanent injury, the burden is on the state to prove the absence of that factor, and a court accepting a guilty plea to a charged kidnapping offense under sub. (2) (a) should ascertain a factual basis for excluding the lesser-related offense under sub. (2) (b). State v. Ravesteijn, 2006 WI App 250, 297 Wis. 2d 663, 727 N.W.2d 53, 05-1955.
Notes of Decisions
Cited in 41
cases (5 in the last 5 years), 1976–2025 · leading case: State v. Burroughs, 2002 WI App 18 (Wis. Ct. App. 2001).
State v. Burroughs, 2002 WI App 18 (Wis. Ct. App. 2001). “Burroughs appeals from a judgment of conviction for kidnapping and attempted first-degree sexual assault with the use of a dangerous weapon contrary to Wis. Stat. §§ 940.31 (l)(b) and 940.225(l)(b), as a habitual criminal pursuant to Wis.”
State v. Brown, 2006 WI 100 (Wis. 2006). “8 Completed documents were never supplied for the record. 9 The circuit court sentenced Brown to 10 years for the sexual assault, and 40 years each for the armed robbery and kidnapping.”
United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir. 2007). “2006); Wis. Stat. Ann. § 940.31 (1) (West 2005); cf.”
State v. Clement, 450 N.W.2d 789 (Wis. Ct. App. 1989). “On appeal, Clement argues: (1) that his conduct did not fulfill the element of kidnapping prescribing the *291 intent to hold the victim to "service against his will"; 1 (2) that because he misunderstood the scope of this element, his plea was not made knowingly and voluntarily;…”
State v. Davison, 2003 WI 89 (Wis. 2003). “Contrary to Wis. Stat. § 940.31 . Contrary to Wis. Stat.”
State v. Simplot, 509 N.W.2d 338 (Wis. Ct. App. 1993). “, the question arises why he could be charged with kidnapping under sec. 940.31, Stats. It would seem odd that a defendant could not be charged with abduction, and yet could be charged under the general kidnapping statute.”
State v. Randle, 2002 WI App 116 (Wis. Ct. App. 2002). “225 (2)(a) — Randle raped *756 his wife by both "use" and "threat of force or violence"; and kidnapping under Wis. Stat. § 940.31 (l)(a) or (b). He fully deserved to face the full penalty the legislature provided: a maximum penalty of thirty years' imprisonment, plus a $10,000…”
State v. Wagner, 528 N.W.2d 85 (Wis. Ct. App. 1995). “Anthony Wagner appeals his conviction of two counts of attempted first-degree sexual assault, see § 940.31(l)(a), STATS., one count of kidnapping while armed, see §§ 940.”
United States v. Marlon Flores-Granados, 783 F.3d 487 (4th Cir. 2015). “Code § 61-2-14; Wis. Stat. § 940.31 (1). 4 . See Ala.Code §§ 13A-6-40, -43, -44; Alaska Stat.”
State v. Dabney, 2003 WI App 108 (Wis. Ct. App. 2003). “Dabney appeals from a judgment entered after a trial to the court where he was found guilty of kidnapping and two counts of first-degree sexual assault while using a dangerous weapon, contrary to Wis. Stat. §§ 940.31 (l)(a), 940.225(l)(b) and 939.”
State v. Grande, 485 N.W.2d 282 (Wis. Ct. App. 1992). “03, it does not matter whether the sexual assault evidence is analyzed as admissible other crimes, wrongs or acts evidence under sec. 904.”
State v. Gordon, 330 N.W.2d 564 (Wis. 1983). “" [1] Sections 940.31 and 940.02(2), Stats., provide as follows: "940.”
— Wis. Stat. § 940.31(1) — 4 cases
State v. Simplot, 509 N.W.2d 338 (Wis. Ct. App. 1993). “, the question arises why he could be charged with kidnapping under sec. 940.31, Stats. It would seem odd that a defendant could not be charged with abduction, and yet could be charged under the general kidnapping statute.”
United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir. 2007). “2006); Wis. Stat. Ann. § 940.31 (1) (West 2005); cf.”
State v. Kruzycki, 531 N.W.2d 429 (Wis. Ct. App. 1995).
State v. Sinks, 483 N.W.2d 286 (Wis. Ct. App. 1992).
— Wis. Stat. § 940.31(1)(a) — 5 cases
State v. Randle, 2002 WI App 116 (Wis. Ct. App. 2002). “225 (2)(a) — Randle raped *756 his wife by both "use" and "threat of force or violence"; and kidnapping under Wis. Stat. § 940.31 (l)(a) or (b). He fully deserved to face the full penalty the legislature provided: a maximum penalty of thirty years' imprisonment, plus a $10,000…”
State v. Thomas, 381 N.W.2d 567 (Wis. Ct. App. 1985).
State v. Jones, 925 N.W.2d 785 (Wis. Ct. App. 2018).
Rafeal D. Newson v. Jeffrey Wagner (Wis. Ct. App. 2023).
State v. George K. Pearson-Robb (Wis. Ct. App. 2025).
— Wis. Stat. § 940.31(1)(b) — 2 cases
State v. Nelson, 2005 WI App 113 (Wis. Ct. App. 2005).
State v. Jacobs, 519 N.W.2d 746 (Wis. Ct. App. 1994).
— Wis. Stat. § 940.31(1)(c) — 1 case
State v. Sinks, 483 N.W.2d 286 (Wis. Ct. App. 1992).
— Wis. Stat. § 940.31(2) — 1 case
State v. Wilson, 252 N.W.2d 64 (Wis. 1977).
— Wis. Stat. § 940.31(2)(a) — 1 case
State v. Ravesteijn, 2006 WI App 250 (Wis. Ct. App. 2006).
— Wis. Stat. § 940.31(2)(b) — 1 case
State v. Ravesteijn, 2006 WI App 250 (Wis. Ct. App. 2006).
— Wis. Stat. § 940.31(l)(a) — 5 cases
State v. Wagner, 528 N.W.2d 85 (Wis. Ct. App. 1995). “Anthony Wagner appeals his conviction of two counts of attempted first-degree sexual assault, see § 940.31(l)(a), STATS., one count of kidnapping while armed, see §§ 940.”
State v. Grande, 485 N.W.2d 282 (Wis. Ct. App. 1992). “03, it does not matter whether the sexual assault evidence is analyzed as admissible other crimes, wrongs or acts evidence under sec. 904.”
State v. Miller, 605 N.W.2d 567 (Wis. Ct. App. 1999).
Brinkman v. Schubert, 422 F. Supp. 820 (W.D. Wis. 1976).
State v. Ravesteijn, 2006 WI App 250 (Wis. Ct. App. 2006).
— Wis. Stat. § 940.31(l)(b) — 2 cases
State v. Peters, 534 N.W.2d 867 (Wis. Ct. App. 1995).
State v. Clement, 450 N.W.2d 789 (Wis. Ct. App. 1989). “On appeal, Clement argues: (1) that his conduct did not fulfill the element of kidnapping prescribing the *291 intent to hold the victim to "service against his will"; 1 (2) that because he misunderstood the scope of this element, his plea was not made knowingly and voluntarily;…”
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