As WandaVision was coming to a close, the latter episodes delved into the the history of Wanda Maximoff and her traumatic past. However, while we learned more and more about the Sokovian Avenger, the original concern for the residents of Westview, NJ remains. Although we can certainly sympathize with the emotional trauma Wanda is grappling with, this doesn’t necessarily give her a free pass for her actions. At the end of the day, Wanda may be liable for some serious charges brought by the state of New Jersey on behalf of its citizens.
Liability for False Imprisonment
New Jersey criminal code recognizes the law of False Imprisonment. The relevant statute states:
N.J.S. § 2C:13-3. False imprisonment
A person commits a disorderly persons offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty. In any prosecution under this section, it is an affirmative defense that the person restrained was a child less than 18 years old and that the actor was a relative or legal guardian of such child and that his sole purpose was to assume control of such child.
Ignoring the possibility of affirmative defenses regarding the children in the Hex, it seems fairly clear that Wanda has interfered substantially with the liberty of the residents of Westview, NJ. The question comes down to whether or not Wanda did this “knowingly.” As the word knowingly implies that there is some level of intent required with false imprisonment, Wanda must have intended to interfere with the liberty of Westview residents.
An argument can be made that initially Wanda was unaware of what she was doing when the Hex was made. However, we know that Wanda was in control of the Hex, and she at some point became aware of what she was doing to the Westview residents. In episode three when she ejected Captain Monica Rambeau from the Hex, she demonstrated that she could manifest the ability to release people from the confines of the Hex. This acknowledgement and understanding that there were “outsiders” that could be ejected from the Hex by her own doing could satisfy the knowing element of the false imprisonment statute. However, a prosecutor would have to prove that Wanda was aware at that time that she was the one keeping Captain Rambeau in Westview, NJ and it’s not clear from the ejection alone that this was the case.
False Imprisonment is a disorderly persons offense which comes with a potential of six months in jail, and a fine of up to $1,000 per person. According to Jimmy Woo, the town has a population of 3,892 (this analysis does not include any SWORD agents subsequently caught in the Hex). Assuming Wanda would only be charged with counts of false imprisonment, and all of the town’s residents were present when Wanda created the Hex, she could be facing approximately 1,946 years in jail and a fine of $3,892,000. Given that it is unclear what income she has, if any, trying to make restitution may be a bit of a problem for her.
Liability for Kidnapping
In New Jersey, the Criminal Code defines Kidnapping as follows:
N.J.S. § 2C:13-1. Kidnapping.
A. Holding for ransom, reward or as a hostage. A person is guilty of kidnapping if he unlawfully removes another from the place where he is found or if he unlawfully confines another with the purpose of holding that person for ransom or reward or as a shield or hostage.
B. Holding for other purposes. A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period, with any of the following purposes:
(1) To facilitate commission of any crime or flight thereafter;
(2) To inflict bodily injury on or to terrorize the victim or another;
(3) To interfere with the performance of any governmental or political function; or
(4) To permanently deprive a parent, guardian or other lawful custodian of custody of the victim.
Kidnapping in New Jersey comes with significant penalties ranging from five to thirty years in state prison per offense, depending on the violent nature of the offense. In this context, it seems unclear whether Wanda would be responsible for any counts of kidnapping. Although Tyler Hayward stated that she “took an entire town hostage” in episode five, there is no evidence that Wanda has been holding the Westview residents as some sort of ironic “shield” in the face of S.W.O.R.D.
Interestingly, there is a potential argument that Wanda committed the act of kidnapping for other purposes, specifically to inflict bodily injury on or terrorize the victim or another. Vision’s interactions with the Westview residents, outside the presence of Wanda, demonstrate that even under her spell they have some awareness of what is happening to them and are plainly terrified. A prosecutor could easily gather statements from the Westview residents to substantiate the sheer terror they felt while being trapped in their own town, forced to play along in Wanda’s fantasy. However, Wanda would only be found guilty if it’s determined that her holding of a town resident for a substantial period was for the purposes of injuring or terrorizing them. Based on what we know, this entire event is likely born from Wanda’s grief and the town of Westview was simply swept up in Wanda’s powers, without her intending to harm anyone.
Although there is a chance she could be found guilty of kidnapping, it is much more likely that a prosecutor would push for conviction of the lighter charges of false imprisonment since the standard for conviction is marginally more attainable.
Pardon or Prosecution
At this point the events of WandaVision have wrapped up and Wanda’s future seems uncertain. The seventh episode certainly provided some context for Wanda’s grief and how her powers came to engulf the town of Westview. Given her seeming confusion as to how the town’s residents came to be under the influence of her powers, this may provide a defense to any charges of false imprisonment or kidnapping. However, it will remain to be seen how those same residents, and the state of New Jersey, view Wanda now that they have been released from her spell.
