943.13(2)(am)1. 1. 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 provide 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 subdivision 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 subdivision.
943.13(2)(am)2. 2. 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(2)(bm)1.1. In this paragraph, “ sign" means a sign that states a restriction imposed under subd. 2. that is at least 5 inches by 7 inches.
943.13(2)(bm)2.a.a. For the purposes of sub. (1m) (c) 1m., an owner of a residence that is not a single-family residence has notified an individual not to enter or remain in a part of that building, or on the grounds of that building, while carrying a firearm or with a particular type of firearm if the owner has posted a sign that is located in a prominent place near all of the entrances to the part of the building to which the restriction applies or near all probable access points to the grounds to which the restriction applies and any individual entering the building or the grounds can be reasonably expected to see the sign.
943.13(2)(bm)2.am. am. For the purposes of sub. (1m) (c) 2., 4., and 5., an owner or occupant of a part of a nonresidential building, the state or a local governmental unit, or a university or a college has notified an individual not to enter or remain in a part of the building while carrying a firearm or with a particular type of firearm if the owner, occupant, state, local governmental unit, university, or college has posted a sign that is located in a prominent place near all of the entrances to the part of the building to which the restriction applies and any individual entering the building can be reasonably expected to see the sign.
943.13(2)(bm)2.b. b. For the purposes of sub. (1m) (c) 2., an owner or occupant of the grounds of a nonresidential building or of land has notified an individual not to enter or remain on the grounds or land while carrying a firearm or with a particular type of firearm if the owner or occupant has posted a sign that is located in a prominent place near all probable access points to the grounds or land to which the restriction applies and any individual entering the grounds or land can be reasonably expected to see the sign.
943.13(2)(bm)2.c. c. For the purposes of sub. (1m) (c) 3., the organizers of the special event have notified an individual not to enter or remain at the special event while carrying a firearm or with a particular type of firearm if the organizers have posted a sign that is located in a prominent place near all of the entrances to the special event and any individual attending the special event can be reasonably expected to see the sign.
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) (am) 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 employee provided such conference is conducted in the living quarters of the employee and with the consent of the employee occupants.
943.13(4m) (4m)
943.13(4m)(am)(am) This section does not apply to any of the following:
943.13(4m)(am)1. 1. 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(4m)(am)2. 2. A hunter entering land that is required to be open for hunting under s. 29.885 (4m) or 29.889 (7m).
943.13(4m)(am)3. 3. A person entering or remaining on any exposed shore area of a stream as authorized under s. 30.134.
943.13(4m)(am)4. 4. An assessor and an assessor's staff entering the land, other than a building, agricultural land or pasture, or a livestock confinement area, of another if all of the following apply:
943.13(4m)(am)4.a. a. The assessor or the assessor's staff enters the land in order to make an assessment on behalf of the state or a political subdivision.
943.13(4m)(am)4.b. b. The assessor or assessor's staff enters the land on a weekday during daylight hours, or at another time as agreed upon with the land owner.
943.13(4m)(am)4.c. c. The assessor or assessor's staff spends no more than one hour on the land.
943.13(4m)(am)4.d. d. The assessor or assessor's staff does not open doors, enter through open doors, or look into windows of structures on the land.
943.13(4m)(am)4.e. e. The assessor or the assessor's staff leaves in a prominent place on the principal building on the land, or on the land if there is not a principal building, a notice informing the owner or occupant that the assessor or the assessor's staff entered the land and giving information on how to contact the assessor.
943.13(4m)(am)4.f. f. The assessor or the assessor's staff has not personally received a notice from the owner or occupant, either orally or in writing, not to enter or remain on the premises.
943.13(4m)(bm) (bm) Subsection (1m) (c) 2. and 4. does not apply to a law enforcement officer employed in this state by a public agency to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies, to a qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies, or to a former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies if the law enforcement officer, the qualified out-of-state law enforcement officer, or the former officer is in or on the grounds of a school, as defined in s. 948.61 (1) (b).
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 The arrest of abortion protesters trespassing at a clinic did not violate their free speech rights. State v. Horn, 139 Wis. 2d 473, 407 N.W.2d 854 (1987).
943.13 Annotation Administrative code provisions requiring hunters to make reasonable efforts to retrieve game birds killed or injured do not exempt a person from criminal prosecution under sub. (1) (b) [now sub. (1m) (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.
943.14(1) (1) In this section, “dwelling" means a structure or part of a structure that is used or intended to be used as a home or residence by one or more persons to the exclusion of all others. For the purposes of this section, a dwelling meets that definition regardless of whether the dwelling is currently occupied by a resident.
943.14(2) (2) Whoever intentionally enters or remains in the dwelling of another without the consent of some person lawfully upon the premises or, if no person is lawfully upon the premises, without the consent of the owner of the property that includes the dwelling, 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; 2015 a. 176.
943.14 Annotation Criminal trespass to a dwelling is not a lesser included offense of burglary. Raymond v. State, 55 Wis. 2d 482, 198 N.W.2d 351 (1972).
943.14 Annotation Regardless of any ownership rights in the property, if a person enters a dwelling that is another's residence, without consent, this section is violated. State v. Carls, 186 Wis. 2d 533, 521 N.W.2d 181 (Ct. App. 1994).
943.14 Annotation Entering an outbuilding accessory to a main house may be a violation. 62 Atty. Gen. 16.
943.143 943.143 Criminal trespass to an energy provider property.
943.143(1)(1) In this section:
943.143(1)(a) (a) “Energy provider" means any of the following:
943.143(1)(a)1. 1. A public utility under s. 196.01 (5) (a) that is engaged in any of the following:
943.143(1)(a)1.a. a. The production, transmission, delivery, or furnishing of heat, power, or light.
943.143(1)(a)1.b. b. The transmission or delivery of natural gas.
943.143(1)(a)2. 2. A transmission company under s. 196.485 (1) (ge).
943.143(1)(a)3. 3. A cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, or power for its members.
943.143(1)(a)4. 4. A wholesale merchant plant under s. 196.491 (1) (w), except that “wholesale merchant plant" includes an electric generating facility or an improvement to an electric generating facility that is subject to a leased generation contract, as defined in s. 196.52 (9) (a) 3.
943.143(1)(a)5. 5. A decommissioned nuclear power plant.
943.143(1)(b) (b) “Energy provider property" means property that is part of an electric generation, distribution, or transmission system or part of a natural gas distribution system and that is owned, leased, or operated by an energy provider.
943.143(2) (2) Whoever intentionally enters an energy provider property without lawful authority and without the consent of the energy provider that owns, leases, or operates the property is guilty of a Class H felony.
943.143 History History: 2015 a. 158.
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 AnnotationThis provision is constitutional. State v. Migliorino, 150 Wis. 2d 513, 442 N.W.2d 36 (1989).
943.15 943.15 Entry onto a construction site or into a locked building, dwelling or room.
943.15(1) (1) Whoever enters the locked or posted construction site or the locked and enclosed building, dwelling or room of another without the consent of the owner or person in lawful possession of the premises is guilty of a Class A misdemeanor.
943.15(1m) (1m) This section does not apply to an assessor and an assessor's staff entering the construction site, other than buildings, of another if all of the following apply:
943.15(1m)(a) (a) The assessor or the assessor's staff enters the construction site in order to make an assessment on behalf of the state or a political subdivision.
943.15(1m)(b) (b) The assessor or assessor's staff enters the construction site on a weekday during daylight hours, or at another time as agreed upon by the land owner.
943.15(1m)(c) (c) The assessor or assessor's staff spends no more than one hour on the construction site.
943.15(1m)(d) (d) The assessor or assessor's staff does not open doors, enter through open doors, or look into windows of structures on the construction site.
943.15(1m)(e) (e) The assessor or the assessor's staff leaves in a prominent place on the principal building at the construction site, or on the land if there is not a principal building, a notice informing the owner or occupant that the assessor or the assessor's staff entered the construction site and giving information on how to contact the assessor.
943.15(1m)(f) (f) The assessor or the assessor's staff has not personally received a notice from the owner or occupant, either orally or in writing, not to enter or remain on the premises.
943.15(2) (2) In this section:
943.15(2)(a) (a) “Construction site" means the site of the construction, alteration, painting or repair of a building, structure or other work.
943.15(2)(b) (b) “Owner or person in lawful possession of the premises" includes a person on whose behalf a building or dwelling is being constructed, altered, painted or repaired and the general contractor or subcontractor engaged in that work.
943.15(2)(c) (c) “Posted" means that a sign at least 11 inches square must be 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 on which the construction site is located 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.
943.15 History History: 1981 c. 68; 2009 a. 68.
subch. III of ch. 943 SUBCHAPTER III
MISAPPROPRIATION
943.20 943.20 Theft.
943.20(1)(1)Acts. Whoever does any of the following may be penalized as provided in sub. (3):
943.20(1)(a) (a) Intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property.
943.20(1)(b) (b) By virtue of his or her office, business or employment, or as trustee or bailee, having possession or custody of money or of a negotiable security, instrument, paper or other negotiable writing of another, intentionally uses, transfers, conceals, or retains possession of such money, security, instrument, paper or writing without the owner's consent, contrary to his or her authority, and with intent to convert to his or her own use or to the use of any other person except the owner. A refusal to deliver any money or a negotiable security, instrument, paper or other negotiable writing, which is in his or her possession or custody by virtue of his or her office, business or employment, or as trustee or bailee, upon demand of the person entitled to receive it, or as required by law, is prima facie evidence of an intent to convert to his or her own use within the meaning of this paragraph.
943.20(1)(c) (c) Having a legal interest in movable property, intentionally and without consent, takes such property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of such property.
943.20(1)(d) (d) Obtains title to property of another person by intentionally deceiving the person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. “False representation" includes a promise made with intent not to perform it if it is a part of a false and fraudulent scheme.
943.20(1)(e) (e) Intentionally fails to return any personal property which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement after the lease or rental agreement has expired. This paragraph does not apply to a person who returns personal property, except a motor vehicle, which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement, within 10 days after the lease or rental agreement expires.
943.20(2) (2)Definitions. In this section:
943.20(2)(ac) (ac) “Adult at risk" has the meaning given in s. 55.01 (1e).
943.20(2)(ad) (ad) “Elder adult at risk" has the meaning given in s. 46.90 (1) (br).
943.20(2)(ae) (ae) “Individual at risk" means an elder adult at risk or an adult at risk.
943.20(2)(ag) (ag) “Movable property" is property whose physical location can be changed, without limitation including electricity and gas, documents which represent or embody intangible rights, and things growing on, affixed to or found in land.
943.20(2)(am) (am) “Patient" has the meaning given in s. 940.295 (1) (L).
943.20(2)(b) (b) “Property" means all forms of tangible property, whether real or personal, without limitation including electricity, gas and documents which represent or embody a chose in action or other intangible rights.
943.20(2)(c) (c) “Property of another" includes property in which the actor is a co-owner and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife.
943.20(2)(cm) (cm) “Resident" has the meaning given in s. 940.295 (1) (p).
943.20(2)(d) (d) Except as otherwise provided in this paragraph, “value" means the market value at the time of the theft or the cost to the victim of replacing the property within a reasonable time after the theft, whichever is less. If the property stolen is a document evidencing a chose in action or other intangible right, “value" means either the market value of the chose in action or other right or the intrinsic value of the document, whichever is greater. If the property stolen is scrap metal, as defined in s. 134.405 (1) (f), or “plastic bulk merchandise container" as defined in s. 134.405 (1) (em), “value" also includes any costs that would be incurred in repairing or replacing any property damaged in the theft or removal of the scrap metal or plastic bulk merchandise container. If the thief gave consideration for, or had a legal interest in, the stolen property, the amount of such consideration or value of such interest shall be deducted from the total value of the property.
943.20(3) (3)Penalties. Whoever violates sub. (1):
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2015-16 Wisconsin Statutes updated through 2017 Wis. Act 64 and all Supreme Court and Controlled Substances Board Orders effective on or before November 20, 2017. Published and certified under s. 35.18. Changes effective after November 20, 2017 are designated by NOTES. (Published 11-20-17)