943.017(2m)(a)1.
1. "Family member" means a spouse, child, stepchild, foster child, treatment foster child, parent, sibling or grandchild.
943.017(2m)(b)
(b) Whoever does any of the following is guilty of a Class D felony:
943.017(2m)(b)1.
1. Intentionally marks, draws or writes with paint, ink or another substance on or intentionally etches into, or threatens to mark, draw or write on or etch into, any physical property owned by a person who is or was a witness by reason of the owner having attended or testified as a witness and without the owner's consent.
943.017(2m)(b)2.
2. Intentionally marks, draws or writes with paint, ink or another substance on or intentionally etches into, or threatens to mark, draw or write on or etch into, any physical property owned by a family member of a witness or by a person sharing a common domicile with a witness by reason of the witness having attended or testified as a witness and without the owner's consent.
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 of the property may be prosecuted as a single 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;
1997 a. 35,
143.
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. 943.06(1)(1) As used in this section, "fire bomb" means a breakable container containing a flammable liquid with a flash point of 150 degrees Fahrenheit or less, having a wick or similar device capable of being ignited, but does not mean a device commercially manufactured primarily for the purpose of illumination.
943.06(2)
(2) Whoever possesses, manufactures, sells, offers for sale, gives or transfers a fire bomb is guilty of a Class E felony.
943.06(3)
(3) This section shall not prohibit the authorized use or possession of any such device by a member of the armed forces or by fire fighters or law enforcement officers.
943.06 History
History: 1977 c. 173;
1985 a. 135 s.
83 (3).
943.065
943.065
Injury caused by arson: treble damages. 943.065(1)(1) Any person who incurs injury to his or her person or his, her or its business or property by reason of a violation of
s. 943.02,
943.03,
943.04,
943.05 or
943.06, including the state or any municipality which incurs costs in extinguishing or investigating the cause of a fire under those circumstances, may sue the person convicted of the violation for damages. A court shall award treble damages, plus costs and attorney fees, to a person, including the state or a municipality, proving injury under this section. The damages, costs and fees are payable only by the person convicted of the violation. This section does not impose any duty upon a company providing insurance coverage to defend its insured in any action brought under this section.
943.065(2)
(2) The treble damages requirement under
sub. (1) applies in any wrongful death action under
s. 895.03 based on a violation specified in
sub. (1).
943.065 History
History: 1981 c. 78.
943.07
943.07
Criminal damage to railroads. 943.07(1)
(1) Whoever intentionally causes damage or who causes another person to damage, tamper, change or destroy any railroad track, switch, bridge, trestle, tunnel or signal or any railroad property used in providing rail services, which could cause an injury, accident or derailment is guilty of a Class A misdemeanor.
943.07(2)
(2) Whoever intentionally shoots a firearm at any portion of a railroad train, car, caboose or engine is guilty of a Class A misdemeanor.
943.07(3)
(3) Whoever intentionally throws, shoots or propels any stone, brick or other missile at any railroad train, car, caboose or engine is guilty of a Class B misdemeanor.
943.07(4)
(4) Whoever intentionally throws or deposits any type of debris or waste material on or along any railroad track or right-of-way which could cause an injury or accident is guilty of a Class B misdemeanor.
943.07 History
History: 1975 c. 314;
1977 c. 173.
TRESPASS.
943.10(1)(1) Whoever intentionally enters any of the following places without the consent of the person in lawful possession and with intent to steal or commit a felony in such place is guilty of a Class C felony:
943.10(1)(c)
(c) An enclosed portion of any ship or vessel; or
943.10(1)(d)
(d) A locked enclosed cargo portion of a truck or trailer; or
943.10(1)(e)
(e) A motor home or other motorized type of home or a trailer home, whether or not any person is living in any such home; or
943.10(2)
(2) Whoever violates
sub. (1) under any of the following circumstances is guilty of a Class B felony:
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.
