943.10(2)(b)
(b) While unarmed, but arms himself with a dangerous weapon or a device or container described under
s. 941.26 (4) (a) while still in the burglarized enclosure; or
943.10(2)(c)
(c) While in the burglarized enclosure opens, or attempts to open, any depository by use of an explosive; or
943.10(2)(d)
(d) While in the burglarized enclosure commits a battery upon a person lawfully therein.
943.10(3)
(3) For the purpose of this section, entry into a place during the time when it is open to the general public is with consent.
943.10 History
History: 1977 c. 173,
332;
1995 a. 288.
943.10 Annotation
Items stolen may be introduced in evidence in a prosecution for burglary since they tend to prove that entry was made with intent to steal. Abraham v. State, 47 W (2d) 44, 176 NW (2d) 349.
943.10 Annotation
Since attempted robbery requires proof of elements in addition to those elements required to prove burglary, they are separate and distinct crimes; hence defendants' conviction and sentence for both criminal offenses arising out of the same factual transaction could not be successfully assailed. State v. DiMaggio, 49 W (2d) 565, 182 NW (2d) 466.
943.10 Annotation
The state need not prove that the defendant knew his entry was without consent. Hanson v. State, 52 W (2d) 396, 190 NW (2d) 129.
943.10 Annotation
The unexplained possession of recently stolen goods raises an inference that the possessor is guilty of theft and also of burglary if the goods were stolen in a burglary and calls for an explanation of how the possessor obtained the property. Gautreaux v. State, 52 W (2d) 489, 190 NW (2d) 542.
943.10 Annotation
An information is defective if it charges entry into a building with intent to steal or commit a felony, since these are different offenses. Champlain v. State, 53 W (2d) 751, 193 NW (2d) 868.
943.10 Annotation
While intent to steal will not be inferred from the fact of entry alone, additional circumstances such as time, nature of place entered, method of entry, identity of the accused, his conduct when arrested or interrupted, and other circumstances, without proof of actual losses, can be sufficient to permit a reasonable person to conclude the defendant entered with an intent to steal. State v. Barclay, 54 W (2d) 651, 196 NW (2d) 745.
943.10 Annotation
Evidence that defendant, at noon, walked around a private dwelling knocking on doors and then broke the glass in one and entered, and when confronted offered no excuse, is sufficient to sustain a conviction for burglary. Raymond v. State, 55 W (2d) 482, 198 NW (2d) 351.
943.10 Annotation
A burglary is completed after a door is pried open and entry made. It is no defense that the defendant changed his mind and started to leave the scene when arrested. Morones v. State, 61 W (2d) 544, 213 NW (2d) 31.
943.10 Annotation
Action in hiding in the false ceiling of the men's room, perfected by false pretenses and fraud, rendered otherwise lawful entrance into the restaurant unlawful. Levesque v. State, 63 W (2d) 412, 217 NW (2d) 317.
943.10 Annotation
In a prosecution for burglary where a defendant is charged with unlawful entry with intent to commit the felony of criminal damage to property exceeding $1,000, the elements of the crime are: (1) intentional entry of a building, (2) without permission, (3) with the intent at time of entry to commit criminal damage to property, (4) intending that such damage exceed $1,000. Gilbertson v. State, 69 W (2d) 587, 230 NW (2d) 874.
943.10 Annotation
See note to 971.26, citing Schleiss v. State, 71 W (2d) 733, 239 NW (2d) 68.
943.10 Annotation
In burglary prosecution, ordinarily once proof of entry is made, it is defendant's burden to show consent. Where private residence is broken into in nighttime, little evidence is required to support inference of intent to steal. LaTender v. State, 77 W (2d) 383, 253 NW (2d) 221.
943.10 Annotation
Entry into hotel lobby open to public with intent to steal is not burglary. Champlin v. State, 84 W (2d) 621, 267 NW (2d) 295 (1978).
943.10 Annotation
See note to 939.72, citing Dumas v. State, 90 W (2d) 518, 280 NW (2d) 310 (Ct. App. 1979).
943.10 Annotation
Court of appeals erred in finding insufficient evidence to prove intent to steal. State v. Bowden, 93 W (2d) 574, 288 NW (2d) 139 (1980).
943.10 Annotation
Under facts of case, employer did not give defendant employe consent to enter premises after hours using key provided by employer. State v. Schantek, 120 W (2d) 79, 353 NW (2d) 832 (Ct. App. 1984).
943.10 Annotation
Felonies which form basis of burglary charges include only offenses against persons and property. State v. O'Neill, 121 W (2d) 300, 359 NW (2d) 906 (1984).
943.10 Annotation
To negate the intent to steal through the defense of "self-help" repossession of property stolen from the defendant, the money repossessed must consist of the exact coins and currency owed to him or her. State v. Pettit, 171 W (2d) 627, 492 NW (2d) 633 (Ct. App. 1992).
943.10 Annotation
As used in sub. (2) (d) "battery" applies only to simple battery. Convictions for both intermediate battery under s. 940.19 (3) and burglary/battery under sub. (2) (d) did not violate double jeopardy. State v. Reynolds, 206 W (2d) 356, 557 NW (2d) 821 (Ct. App. 1996).
943.10 Annotation
A firearm with a trigger lock is within the applicable definition of a dangerous weapon at s. 939.22 (10). State v. Norris, 214 W (2d) 25, 571 NW (2d) 857 (Ct. App. 1997).
943.10 Annotation
Sub. (1) requires only an intent to commit a felony. There is not a unanimity requirement that the jury agree on the specific felony that was intended. State v. Hammer, 216 W (2d) 213, 576 NW (2d) 285 (Ct. App. 1997).
943.11
943.11
Entry into locked vehicle. Whoever intentionally enters the locked and enclosed portion or compartment of the vehicle of another without consent and with intent to steal therefrom is guilty of a Class A misdemeanor.
943.11 History
History: 1977 c. 173.
943.12
943.12
Possession of burglarious tools. Whoever has in personal possession any device or instrumentality intended, designed or adapted for use in breaking into any depository designed for the safekeeping of any valuables or into any building or room, with intent to use such device or instrumentality to break into a depository, building or room, and to steal therefrom, is guilty of a Class E felony.
943.12 History
History: 1977 c. 173.
943.12 Annotation
A homemade key used to open parking meters is a burglarious tool. Perkins v. State, 61 W (2d) 341, 212 NW (2d) 141.
943.12 Annotation
It is implausible that the defendant would be looking for the home of an acquaintance in order to pick up some artwork while carrying a crowbar, a pair of gloves and a pair of socks. Hansen v. State, 64 W (2d) 541, 219 NW (2d) 246.
943.12 Annotation
See note to 939.72, citing Dumas v. State, 90 W (2d) 518, 280 NW (2d) 310 (Ct. App. 1979).
943.12 Annotation
See note to 904.04, citing Vanlue v. State, 96 W (2d) 81, 291 NW (2d) 467 (1980).
943.125
943.125
Entry into locked coin box. 943.125(1)
(1) Whoever intentionally enters a locked coin box of another without consent and with intent to steal therefrom is guilty of a Class A misdemeanor.
943.125(2)
(2) Whoever has in personal possession any device or instrumentality intended, designed or adapted for use in breaking into any coin box, with intent to use the device or instrumentality to break into a coin box and to steal therefrom, is guilty of a Class A misdemeanor.
943.125(3)
(3) In this section, "coin box" means any device or receptacle designed to receive money or any other thing of value. The term includes a depository box, parking meter, vending machine, pay telephone, money changing machine, coin-operated phonograph and amusement machine if they are designed to receive money or other thing of value.
943.125 History
History: 1977 c. 173.
943.13
943.13
Trespass to land. 943.13(1e)(a)
(a) "Dwelling unit" means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.
943.13(1e)(az)
(az) "Implied consent" means conduct or words or both that imply that an owner or occupant of land has given consent to another person to enter the land.
943.13(1e)(b)
(b) "Inholding" means a parcel of land that is private property and that is surrounded completely by land owned by the United States, by this state or by a local governmental unit or any combination of the United States, this state and a local governmental unit.
943.13(1e)(c)
(c) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district or a combination or subunit of any of the foregoing.
943.13(1e)(e)
(e) "Private property" means real property that is not owned by the United States, this state or a local governmental unit.
943.13(1e)(f)
(f) "Undeveloped land" means land that meets all of the following criteria:
943.13(1e)(f)1.
1. The land is not occupied by a structure or improvement being used or occupied as a dwelling unit.
943.13(1e)(f)2.
2. The land is not part of the curtilage, or is not lying in the immediate vicinity, of a structure or improvement being used or occupied as a dwelling unit.
943.13(1m)
(1m) Whoever does any of the following is subject to a Class B forfeiture:
943.13(1m)(a)
(a) Enters any enclosed, cultivated or undeveloped land of another, other than undeveloped land specified in
par. (e) or
(f), without the express or implied consent of the owner or occupant.
943.13(1m)(am)
(am) Enters any land of another that is occupied by a structure used for agricultural purposes without the express or implied consent of the owner or occupant.
943.13(1m)(b)
(b) Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises.
943.13(1m)(e)
(e) Enters or remains on undeveloped land that is an inholding of another after having been notified by the owner or occupant not to enter or remain on the land.
943.13(1m)(f)
(f) Enters undeveloped private land from an abutting parcel of land that is owned by the United States, this state or a local governmental unit, or remains on such land, after having been notified by the owner or occupant not to enter or remain on the land.
943.13(1s)
(1s) In determining whether a person has implied consent to enter the land of another a trier of fact shall consider all of the circumstances existing at the time the person entered the land, including all of the following:
943.13(1s)(a)
(a) Whether the owner or occupant acquiesced to previous entries by the person or by other persons under similar circumstances.
943.13(1s)(b)
(b) The customary use, if any, of the land by other persons.
943.13(1s)(c)
(c) Whether the owner or occupant represented to the public that the land may be entered for particular purposes.
943.13(1s)(d)
(d) The general arrangement or design of any improvements or structures on the land.
943.13(2)
(2) A person has received notice from the owner or occupant within the meaning of
sub. (1m) (b),
(e) or
(f) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this subsection under either of the following procedures:
943.13(2)(a)
(a) If a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must carry an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this paragraph were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this paragraph.
943.13(2)(b)
(b) If markings at least one foot long, including in a contrasting color the phrase "private land" and the name of the owner, are made in at least 2 conspicuous places for every 40 acres to be protected.
943.13(3)
(3) Whoever erects on the land of another signs which are the same as or similar to those described in
sub. (2) without obtaining the express consent of the lawful occupant of or holder of legal title to such land is subject to a Class C forfeiture.
943.13(3m)
(3m) An owner or occupant may give express consent to enter or remain on the land for a specified purpose or subject to specified conditions and it is a violation of
sub. (1m) (a) or
(am) for a person who received that consent to enter or remain on the land for another purpose or contrary to the specified conditions.
943.13(4)
(4) Nothing in this section shall prohibit a representative of a labor union from conferring with any employe provided such conference is conducted in the living quarters of the employe and with the consent of the employe occupants.
943.13(4m)
(4m) This section does not apply to any of the following:
943.13(4m)(a)
(a) A person entering the land, other than the residence or other buildings or the curtilage of the residence or other buildings, of another for the purpose of removing a wild animal as authorized under
s. 29.885 (2),
(3) or
(4).
943.13(5)
(5) Any authorized occupant of employer-provided housing shall have the right to decide who may enter, confer and visit with the occupant in the housing area the occupant occupies.
943.13 Annotation
Arrest of abortion protesters trespassing at clinic didn't violate free speech right. State v. Horn, 139 W (2d) 473, 407 NW (2d) 854 (1987).
943.13 Annotation
NR 10.07 (8), 1979 Wis. Adm. Code [now NR 10.07 (1) (f)], Wis. Adm. Code, requiring hunters to make reasonable efforts to retrieve game birds killed or injured, does not exempt a person from criminal prosecution under (1) (b) for trespassing upon posted lands to retrieve birds shot from outside the posted area. 64 Atty. Gen. 204.
943.14
943.14
Criminal trespass to dwellings. Whoever intentionally enters the dwelling of another without the consent of some person lawfully upon the premises, under circumstances tending to create or provoke a breach of the peace, is guilty of a Class A misdemeanor.
943.14 History
History: 1977 c. 173.
943.14 Annotation
Criminal trespass to a dwelling is not a lesser included offense of the crime of burglary. Raymond v. State, 55 W (2d) 482, 198 NW (2d) 351.
943.14 Annotation
Regardless of any ownership rights in the property, if a person enters a dwelling which is another's residence without consent, this section is violated. State v. Carls, 186 W (2d) 533, 516 NW (2d) 533 (Ct. App. 1994).
943.14 Annotation
Entering an outbuilding accessory to a main house may be a violation. 62 Atty. Gen. 16.
943.145
943.145
Criminal trespass to a medical facility. 943.145(1)
(1) In this section, "medical facility" means a hospital under
s. 50.33 (2) or a clinic or office that is used by a physician licensed under
ch. 448 and that is subject to rules promulgated by the medical examining board for the clinic or office that are in effect on November 20, 1985.
943.145(2)
(2) Whoever intentionally enters a medical facility without the consent of some person lawfully upon the premises, under circumstances tending to create or provoke a breach of the peace, is guilty of a Class B misdemeanor.
943.145(3)
(3) This section does not prohibit any person from participating in lawful conduct in labor disputes under
s. 103.53.
943.145 History
History: 1985 a. 56.
943.145 Annotation
Provision is constitutional. State v. Migliorino, 150 W (2d) 513, 442 NW (2d) 36 (1989).
943.15
943.15
Entry onto a construction site or into a locked building, dwelling or room.
