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
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.
Criminal trespass to dwellings. 943.14(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.
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.
History: 1977 c. 173
; 2015 a. 176
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
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).
Entering an outbuilding accessory to a main house may be a violation. 62 Atty. Gen. 16.
Criminal trespass to an energy provider property. 943.143(1)(a)1.a.
The production, transmission, delivery, or furnishing of heat, power, or light.
A cooperative association organized under ch. 185
for the purpose of producing or furnishing heat, light, or power for its members.
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.
“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.
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.
History: 2015 a. 158
Criminal trespass to a medical facility. 943.145(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.
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.
This section does not prohibit any person from participating in lawful conduct in labor disputes under s. 103.53
History: 1985 a. 56
Entry onto a construction site or into a locked building, dwelling or room. 943.15(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.
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:
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.
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.
The assessor or assessor's staff spends no more than one hour on the construction site.
The assessor or assessor's staff does not open doors, enter through open doors, or look into windows of structures on the construction site.
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.
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.
“Construction site" means the site of the construction, alteration, painting or repair of a building, structure or other work.
“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.
“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.
History: 1981 c. 68
; 2009 a. 68
Whoever does any of the following may be penalized as provided in sub. (3)
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.
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.
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.
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.
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.
“Individual at risk" means an elder adult at risk or an adult at risk.
“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.
“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.
“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.
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.
If the value of the property does not exceed $2,500, is guilty of a Class A misdemeanor.
If the value of the property exceeds $2,500 but does not exceed $5,000, is guilty of a Class I felony.
If the value of the property exceeds $5,000 but does not exceed $10,000, is guilty of a Class H felony.
If the value of the property exceeds $10,000 but does not exceed $100,000, is guilty of a Class G felony.
If the value of the property exceeds $100,000, is guilty of a Class F felony.
If any of the following circumstances exists, is guilty of a Class H felony:
The property is taken from a building which has been destroyed or left unoccupied because of physical disaster, riot, bombing or the proximity of battle.
The property is taken after physical disaster, riot, bombing or the proximity of battle has necessitated its removal from a building.
The property is taken from a patient or resident of a facility or program under s. 940.295 (2)
or from an individual at risk.
If the property is taken from the person of another or from a corpse, is guilty of a Class G felony.
(4) Use of photographs as evidence.
In any action or proceeding for a violation of sub. (1)
, a party may use duly identified and authenticated photographs of property which was the subject of the violation in lieu of producing the property.
Misappropriation of funds by contractor or subcontractor as theft, see s. 779.02 (5)
If one person takes property from the person of another, and a 2nd person carries it away, the evidence may show a theft from the person under subs. (1) (a) and (3) (d) 2. [now sub. (3) (e)], either on a theory of conspiracy or of complicity. Hawpetoss v. State, 52 Wis. 2d 71
, 187 N.W.2d 823
Attempted theft by false representation (signing another's name to a car purchase contract) is not an included crime of forgery (signing the owner's name to a car title to be traded in). State v. Fuller, 57 Wis. 2d 408
, 204 N.W.2d 452
Under sub. (1) (d), it is not necessary that the person who parts with property be induced to do so by a false and fraudulent scheme; the person must be deceived by a false representation that is part of such a scheme. Schneider v. State, 60 Wis. 2d 765
, 211 N.W.2d 511
In abolishing the action for breach of promise to marry, the legislature did not sanction either civil or criminal fraud by the breaching party against the property of a duped victim. Restrictions on civil actions for fraud are not applicable to related criminal actions. Lambert v. State, 73 Wis. 2d 590
, 243 N.W.2d 524
Sub. (1) (a) should be read in the disjunctive so as to prohibit both the taking of, and the exercise of unauthorized control over, property of another. The sale of stolen property is thus prohibited. State v. Genova, 77 Wis. 2d 141
, 252 N.W.2d 380
The state may not charge a defendant under sub. (1) (a) in the disjunctive by alleging that the defendant took and carried away or used or transferred. Jackson v. State, 92 Wis. 2d 1
, 284 N.W.2d 685
(Ct. App. 1979).
Circumstantial evidence of owner nonconsent was sufficient to support a jury's verdict. State v. Lund, 99 Wis. 2d 152
, 298 N.W.2d 533
Section 943.20 (1) (e) does not unconstitutionally imprison one for debt. State v. Roth, 115 Wis. 2d 163
, 339 N.W.2d 807
(Ct. App. 1983).
A person may be convicted under s. 943.20 (1) (a) for concealing property and be separately convicted for transferring that property. State v. Tappa, 127 Wis. 2d 155
, 378 N.W.2d 883
A violation of sub. (1) (d) does not require proof that the accused personally received property. State v. O'Neil, 141 Wis. 2d 535
, 416 N.W.2d 77
(Ct. App. 1987).