Wanda’s Liabilities for the Westview Anomaly

(This guest post was written by Law and the Multiverse contributor Scott Maravilla. Significant spoilers in the main body of the post!)

The Marvel Cinematic Universe (MCU) does a good job of contemplating the ramifications on the civilian population from the actions of superpower beings.  After the Hulk and Iron Man laid waste to Sokovia in Avengers: Age of Ultron, the United Nations stepped in.  The Sokovia Accords became a (literally) divisive moment among the Marvel heroes.  The Accords were an attempt by the governments of the world to reign in superheroes and place them under their control. 

WandaVision continues to dwell on the harm a super human can wreck on regular people.  In this instance, the people of Westview, New Jersey.  WandaVision opens as an homage to the golden age of television.  The show references such luminaries as The Dick Van Dyke Show, Bewitched, The Brady Bunch, Family Ties, and Malcolm in the Middle.  Wanda and Vision, now married, settle into life in the suburbs over a multitude of television epochs.  Along for the ride is nosy neighbor Agnes and her ever absent husband, Ralph.  Ralph is reference to such sitcom characters as Buddy’s wife “Pickles” in Dick Van Dyke who is never seen.

Glimpses into the real world show someone is watching these episodes of Wanda and Vision.  As the show progresses, starting with episode 4, it’s revealed that a powerful Hex has been placed over Westview.  The Hex so powerful it can create a new superhero, Monica Rambeau’s Photon, and resurrect another, White Vision.  The mysterious government agency, SWORD, is monitoring the phenomenon while pursuing its own hidden agenda.

It is finally revealed by witch Agatha Harkness that Wanda is the mythic Scarlet Witch and is using Chaos Magic to take over the town.  The Hex, also referred to as the Westview Anomaly, transforms rundown Westview into a suburban paradise.  The residents are also caught up in Wanda’s theatre.  With the sole exception of Agatha, posing as Agnes, the citizens of Westview have their minds occupied by Wanda and behave like characters in a sitcom.  This is revealed to the Vision in a couple episodes as various people beg to be released.  The people also say that they suffer from nightmares brought on by Wanda’s grief over the loss of her temporal and superhero families.  Ultimately, Agatha frees their minds so they can turn on The Scarlet Witch during their final battle. 

At the conclusion of the show, The Scarlet Witch departs Westview to the ugly stares of its inhabitants.  One of the lingering questions left by WandaVision is the lack of justice for the good people of Westview.  The shows creators have also publicly commented on this issue.  Well, the people of Westview are not without recourse.  Wanda Maximoff (and Agatha Harkness) are likely to face civil and criminal repercussions for their actions. 

Wanda is Not Likely Guilty of Kidnapping

As Wanda established the Hex in Westview, New Jersey law applies.  Wanda is likely not guilty of kidnapping the citizens of Westview.  Under New Jersey law, kidnapping involves holding someone “for ransom or reward or as a shield or hostage.”  NJ Rev Stat § 2C:13-1 (2021).  In this case, Wanda is merely using the people, as Agatha Harkness describes them, as “meat puppets.”  The Scarlet Witch does not deploy them as a shield when attacked by SWORD drones or soldiers.  She also does not ask for any financial compensation for their release.  Thus, it is unlikely the state can make a case for kidnapping.

Both Wanda and Agatha May Be Liable for False imprisonment

Both Wanda Maximoff and Agatha Harkness may be held liable for false imprisonment.  False imprisonment is where a person “knowingly restrains another unlawfully so as to interfere substantially with his liberty.”  NJ Rev Stat § 2C:13-3 (2021).  In this case, Wanda created the Hex to hold the people of Westview in a state of mind control to play out fantasies inspired by her childhood love of old televisions shows.  Her father being something of a DVD peddler in Sokovia during that nation’s civil war.  It is also revealed at multiple points during the show that Wanda is in control of the Westview Anomaly and using her powers over its citizens.  She makes an admission to that extent to both SWORD and Quicksilver (X-Men’s Evan Peters). 

Agatha Harkness is also likely guilty of false imprisonment for using runes to take Wanda captive in Agatha’s creepy basement that evokes H.P. Lovecraft’s short story, Pickman’s Model.  Her intent is made clear by their interaction.  She also gets a two-for with Quicksilver (real name Ralph Boehner – yes, that Ralph) and Monica Rambeau. 

Harkness is likely guilty of false imprisonment of both Ralph and Monica.  Ralph is under Agatha’s control by wearing a bluish green necklace.  Acting as Agatha’s agent, he in turn takes Monica hostage in his attic “man cave.”  The all important intent prong is made clear by Agatha’s catchy song/opening credits “Agatha All Along”.

Finally, Wanda could also be liable for criminal restraint.  Criminal restraint is where a person “knowingly:

a. Restrains another unlawfully in circumstances exposing the other to risk of serious bodily injury; or

b. Holds another in a condition of involuntary servitude.

The statute goes on to define involuntary servitude to include “creation by the actor of circumstances resulting in a belief by another that he must remain in a particular location shall for purposes of this section be deemed to be a holding in a condition of involuntary servitude.”  NJ Rev Stat § 2C:13-2 (2021).  As referenced earlier, the “meat puppet” and mind control use of the citizens of Westview may be viewed as a form of involuntary servitude.  They serve as the playthings of The Scarlet Witch to let her live out a Chaos Magic fueled fantasy life with Vision.  Whether they can physically leave the Hex or not, they are clearly of the belief that they cannot. 

Conclusion

False imprisonment is both a criminal offense and an intentional tort in New Jersey.  Accordingly, Wanda could face both a criminal prosecution and (a class action) lawsuit brought by the citizens of Westview.  Another problem for Wanda is the civil suit has a lower burden of proof thereby increasing the possibility of being held liable.  This is probably why we find her hanging out in what appears to be the Wundagore Mountains during episode 9’s post credit sequence.         

The good news for Wanda is the expansion of the MCU to include Jennifer “She-Hulk” Walters and Matt “Daredevil” Murdock.  Given the proximity of jurisdictions and overlapping bar exams, it is possible that both are licensed in New Jersey as well as New York.