943.75 Unauthorized release of animals.
DAMAGE.
943.01
943.01
Damage to property. 943.01(1)(1) Whoever intentionally causes damage to any physical property of another without the person's consent is guilty of a Class A misdemeanor.
943.01(2)
(2) Any person violating
sub. (1) under any of the following circumstances is guilty of a Class D felony:
943.01(2)(a)1.1. In this paragraph, "highway" means any public way or thoroughfare, including bridges thereon, any roadways commonly used for vehicular traffic, whether public or private, any railroad, including street and interurban railways, and any navigable waterway or airport.
943.01(2)(a)2.
2. The property damaged is a vehicle or highway and the damage is of a kind which is likely to cause injury to a person or further property damage.
943.01(2)(b)
(b) The property damaged belongs to a public utility or common carrier and the damage is of a kind which is likely to impair the services of the public utility or common carrier.
943.01(2)(c)
(c) The property damaged belongs to a person who is or was a witness as defined in
s. 940.41 (3) or a grand or petit juror and the damage was caused by reason of the owner's having attended or testified as a witness or by reason of any verdict or indictment assented to by the owner.
943.01(2)(d)
(d) If the total property damaged in violation of
sub. (1) is reduced in value by more than $1,000. For the purposes of this paragraph, property is reduced in value by the amount which it would cost either to repair or replace it, whichever is less.
943.01(2)(e)
(e) The property damaged is on state-owned land and is listed on the registry under
sub. (5).
943.01(2)(f)1.1. In this paragraph, "rock art site" means an archaeological site that contains paintings, carvings or other deliberate modifications of an immobile rock surface, such as a cave, overhang, boulder or bluff face, to produce symbols, stories, messages, designs or pictures. "Rock art site" includes artifacts and other cultural items, modified soils, bone and other objects of archaeological interest that are located adjacent to the paintings, carvings or other deliberate rock surface modifications.
943.01(2)(f)2.
2. The property damaged is a rock art site, any portion of a rock art site or any object that is part of a rock art site, if the rock art site is listed on the national register of historic places in Wisconsin, as defined in
s. 44.31 (5), or the state register of historic places under
s. 44.36.
943.01(2g)
(2g) Any person violating
sub. (1) under all of the following circumstances is guilty of a Class E felony:
943.01(2g)(a)
(a) The property damaged is a machine operated by the insertion of coins, currency, debit cards or credit cards.
943.01(2g)(b)
(b) The person acted with the intent to commit a theft from the machine.
943.01(2g)(c)
(c) The total property damaged in violation of
sub. (1) is reduced in value by more than $500 but not more than $1,000. For purposes of this paragraph, property is reduced in value by the amount that it would cost to repair or replace it, whichever is less, plus other monetary losses associated with the damage.
943.01(2m)
(2m) Whoever causes damage to any physical property of another under all of the following circumstances is subject to a Class B forfeiture:
943.01(2m)(a)
(a) The person does not consent to the damage of his or her property.
943.01(2m)(b)
(b) The property damaged is on state-owned land and is listed on the registry under
sub. (5).
943.01(3)
(3) If more than one item of property is damaged under a single intent and design, the damage to all the property may be prosecuted as a single forfeiture offense or crime.
943.01(4)
(4) In any case of unlawful damage involving more than one act of unlawful damage but prosecuted as a single forfeiture offense or crime, it is sufficient to allege generally that unlawful damage to property was committed between certain dates. At the trial, evidence may be given of any such unlawful damage that was committed on or between the dates alleged.
943.01(5)
(5) The department of natural resources shall maintain a registry of prominent features in the landscape of state-owned land. To be included on the registry, a feature must have significant value to the people of this state.
943.01 Annotation
The evidence was insufficient to prove that defendant intended to criminally damage property worth more than $1,000 at the time he entered the premises where no evidence was introduced as to what amount of damage could be expected to flow from the defendant's insertion of the shovel into the generator and the extent of potential damage was neither a matter of common knowledge of which the court could take judicial notice nor a fact capable of determination by resort to easily accessible sources of information. Gilbertson v. State, 69 W (2d) 587, 230 NW (2d) 874.
943.01 Annotation
Criminal damage to property is lesser-included offense of arson, 943.02. State v. Thompson, 146 W (2d) 554, 431 NW (2d) 716 (Ct. App. 1988).
943.012
943.012
Criminal damage to or graffiti on religious and other property. Whoever intentionally causes damage to, intentionally marks, draws or writes with ink or another substance on or intentionally etches into any physical property of another, without the person's consent and with knowledge of the character of the property, is guilty of a Class E felony if the property consists of one or more of the following:
943.012(1)
(1) Any church, synagogue or other building, structure or place primarily used for religious worship or another religious purpose.
943.012(2)
(2) Any cemetery, mortuary or other facility used for burial or memorializing the dead.
943.012(3)
(3) Any school, educational facility or community center publicly identified as associated with a group of persons of a particular race, religion, color, disability, sexual orientation, national origin or ancestry or by an institution of any such group.
943.012(4)
(4) Any personal property contained in any property under
subs. (1) to
(3) if the personal property has particular significance or value to any group of persons of a particular race, religion, color, disability, sexual orientation, national origin or ancestry and the actor knows the personal property has particular significance or value to that group.
943.012 History
History: 1987 a. 348;
1995 a. 24.
943.013
943.013
Criminal damage; threat; property of judge. 943.013(1)(a)
(a) "Family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.
943.013(1)(b)
(b) "Judge" means a supreme court justice, court of appeals judge, circuit court judge, municipal judge, temporary or permanent reserve judge or juvenile, probate, family or other court commissioner.
943.013(2)
(2) Whoever intentionally causes or threatens to cause damage to any physical property that belongs to a judge or his or her family member under all of the following circumstances is guilty of a Class D felony:
943.013(2)(a)
(a) At the time of the act or threat, the actor knows or should have known that the person whose property is damaged or threatened is a judge or a member of his or her family.
943.013(2)(b)
(b) The judge is acting in an official capacity at the time of the act or threat or the act or threat is in response to any action taken in an official capacity.
943.013(2)(c)
(c) There is no consent by the person whose property is damaged or threatened.
943.013 History
History: 1993 a. 50,
446.
943.014
943.014
Demolition of historic building without authorization. 943.014(1)(1) In this section, "historic building" means any building or structure that is listed on, or any building or structure within and contributing to a historic district that is listed on, the national register of historic places in Wisconsin or the state register of historic places or any building or structure that is included on a list of historic places designated by a city, village, town or county.
943.014(2)
(2) Whoever intentionally demolishes a historic building without a permit issued by a city, village, town or county or without an order issued under
s. 66.05 shall be fined an amount equal to 2 times the fair market value of the historic building and the land upon which the building is located immediately prior to demolition and may be imprisoned for not more than 9 months.
943.014(3)
(3) Subsection (2) does not apply to any person if he or she acts as part of a state agency action and the state agency has complied with
ss. 44.39 to
44.42 regarding the action.
943.014 History
History: 1995 a. 466.
943.015
943.015
Criminal damage; threat; property of department of revenue employe. 943.015(1)
(1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.
943.015(2)
(2) Whoever intentionally causes or threatens to cause damage to any physical property which belongs to a department of revenue official, employe or agent or his or her family member under all of the following circumstances is guilty of a Class D felony:
943.015(2)(a)
(a) At the time of the act or threat, the actor knows or should have known that the person whose property is damaged or threatened is a department of revenue official, employe or agent or a member of his or her family.
943.015(2)(b)
(b) The official, employe or agent is acting in an official capacity at the time of the act or threat or the act or threat is in response to any action taken in an official capacity.
943.015(2)(c)
(c) There is no consent by the person whose property is damaged or threatened.
943.015 History
History: 1985 a. 29;
1993 a. 446.
943.017(1)(1) Whoever intentionally marks, draws or writes with paint, ink or another substance on or intentionally etches into the physical property of another without the other person's consent is guilty of a Class A misdemeanor.
943.017(2)
(2) Any person violating
sub. (1) under any of the following circumstances is guilty of a Class D felony:
943.017(2)(a)
(a) The property under
sub. (1) is a vehicle or a highway, as defined in
s. 943.01 (2) (a) 1., and the marking, drawing, writing or etching is of a kind which is likely to cause injury to a person or further property damage.
943.017(2)(b)
(b) The property under
sub. (1) belongs to a public utility or common carrier and the marking, drawing, writing or etching is of a kind which is likely to impair the services of the public utility or common carrier.
943.017(2)(c)
(c) The property under
sub. (1) belongs to a person who is or was a witness, as defined in
s. 940.41 (3), or a grand or petit juror and the marking, drawing, writing or etching was caused by reason of the owner's having attended or testified as a witness or by reason of any verdict or indictment assented to by the owner.
943.017(2)(d)
(d) If the total property affected in violation of
sub. (1) is reduced in value by more than $1,000. For the purposes of this paragraph, property is reduced in value by the amount which it would cost to repair or replace it or to remove the marking, drawing, writing or etching, whichever is less.
943.017(2)(e)
(e) The property affected is on state-owned land and is listed on the registry under
s. 943.01.
943.017(3)(a)(a) In addition to any other penalties that may apply to a crime under this section, the court may require that a convicted defendant perform 100 hours of community service work for an individual, a public agency or a nonprofit charitable organization. The court may order community service work that is designed to show the defendant the impact of his or her wrongdoing. The court shall allow the victim to make suggestions regarding appropriate community service work. If the court orders community service work, the court shall ensure that the defendant receives a written statement of the community service order and that the community service order is monitored.
943.017(3)(b)
(b) Any individual, organization or agency acting in good faith to whom or to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
943.017(3)(c)
(c) This subsection applies whether the court imposes a sentence or places the defendant on probation.
943.017(3)(d)
(d) If the defendant is not placed on probation and the court orders community service work, the court shall specify in its order under this subsection the method of monitoring the defendant's compliance with this subsection and the deadline for completing the work that is ordered. The court shall inform the defendant of the potential penalties for noncompliance that would apply under
s. 973.07.
943.017(4)
(4) If more than one item of property is marked, drawn or written upon or etched into under a single intent and design, the markings, drawings or writings on or etchings into all the property may be prosecuted as a single forfeiture crime.
943.017(5)
(5) In any case under this section involving more than one act of marking, drawing, writing or etching but prosecuted as a single crime, it is sufficient to allege generally that unlawful marking, drawing or writing on or etching into property was committed between certain dates. At the trial, evidence may be given of any such unlawful marking, drawing, writing or etching that was committed on or between the dates alleged.
943.017 History
History: 1995 a. 24.
943.02
943.02
Arson of buildings; damage of property by explosives. 943.02(1)(1) Whoever does any of the following is guilty of a Class B felony:
943.02(1)(a)
(a) By means of fire, intentionally damages any building of another without the other's consent; or
943.02(1)(b)
(b) By means of fire, intentionally damages any building with intent to defraud an insurer of that building; or
943.02(1)(c)
(c) By means of explosives, intentionally damages any property of another without the other's consent.
943.02(2)
(2) In this section "building of another" means a building in which a person other than the actor has a legal or equitable interest which the actor has no right to defeat or impair, even though the actor may also have a legal or equitable interest in the building. Proof that the actor recovered or attempted to recover on a policy of insurance by reason of the fire is relevant but not essential to establish the actor's intent to defraud the insurer.
943.02 History
History: 1977 c. 173;
1993 a. 486.
943.02 Annotation
Mortgagee's interest is protected under (1) (a); evidence of fire insurance was admissible to prove violation of (1) (a). State v. Phillips, 99 W (2d) 46, 298 NW (2d) 239 (Ct. App. 1980).
943.02 Annotation
See note to 943.01, citing State v. Thompson, 146 W (2d) 554, 431 NW (2d) 716 (Ct. App. 1988).
943.02 Annotation
For purposes of this section, an explosive is any chemical compound, mixture or device, the primary purpose for which is to function by explosion. An explosion is a substantially instantaneous release of both gas and heat. State v. Brulport, 202 W (2d) 506, 551 NW (2d) 824 (Ct. App. 1996).
943.03
943.03
Arson of property other than building. Whoever, by means of fire, intentionally damages any property (other than a building) of another without the person's consent, if the property is of the value of $100 or more, is guilty of a Class E felony.
943.03 History
History: 1977 c. 173.
943.04
943.04
Arson with intent to defraud. Whoever, by means of fire, damages any property (other than a building) with intent to defraud an insurer of that property is guilty of a Class D felony. Proof that the actor recovered or attempted to recover on a policy of insurance by reason of the fire is relevant but not essential to establish the actor's intent to defraud the insurer.
943.04 History
History: 1977 c. 173.
943.05
943.05
Placing of combustible materials an attempt. Whoever places any combustible or explosive material or device in or near any property with intent to set fire to or blow up such property is guilty of an attempt to violate either
s. 943.01,
943.012,
943.013,
943.02,
943.03 or
943.04, depending on the facts of the particular case.
943.05 History
History: 1987 a. 348;
1993 a. 50.
943.06
943.06
Molotov cocktails.
