943.02 Annotation
Criminal damage to property under s. 943.01 is a lesser-included offense of arson. State v. Thompson,
146 Wis. 2d 554,
431 N.W.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 Wis. 2d 506,
551 N.W.2d 824 (Ct. App. 1996).
943.03
943.03
Arson of property other than building. Whoever, by means of fire, intentionally damages any property of another without the person's consent, if the property is not a building and has a value of $100 or more, is guilty of a Class E felony.
943.03 History
History: 1977 c. 173;
1999 a. 85.
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;
1999 a. 85.
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
Stolen items may be introduced in evidence in a burglary prosecution as they tend to prove that entry was made with intent to steal. Abraham v. State,
47 Wis. 2d 44,
176 N.W.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. State v. DiMaggio,
49 Wis. 2d 565,
182 N.W.2d 466.
943.10 Annotation
The state need not prove that the defendant knew his entry was without consent. Hanson v. State,
52 Wis. 2d 396,
190 N.W.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 Wis. 2d 489,
190 N.W.2d 542.
943.10 Annotation
An information is defective if it charges entry into a building with intent to steal or to commit a felony, since these are different offenses. Champlain v. State,
53 Wis. 2d 751,
193 N.W.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, conduct at the time of arrest or interruption, and other circumstances, without proof of actual losses, can be sufficient to permit a reasonable person to conclude that the defendant entered with an intent to steal. State v. Barclay,
54 Wis. 2d 651,
196 N.W.2d 745.
943.10 Annotation
Evidence that the defendant walked around a private dwelling knocking on doors and then broke the glass in one and entered, and when confronted offered no excuse, was sufficient to sustain a conviction for burglary. Raymond v. State,
55 Wis. 2d 482,
198 N.W.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 Wis. 2d 544,
213 N.W.2d 31.
943.10 Annotation
Hiding in the false ceiling of the men's room, perfected by false pretenses and fraud, rendered an otherwise lawful entrance into a restaurant unlawful. Levesque v. State,
63 Wis. 2d 412,
217 N.W.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 the damage exceed $1,000. Gilbertson v. State,
69 Wis. 2d 587,
230 N.W.2d 874.
943.10 Annotation
Failure to allege lack of consent in an information charging burglary was not a fatal jurisdictional defect. Schleiss v. State,
71 Wis. 2d 733,
239 N.W.2d 68.
943.10 Annotation
In a burglary prosecution, ordinarily once proof of entry is made, it is the defendant's burden to show consent. When a private residence is broken into at night, little evidence is required to support an inference of intent to steal. LaTender v. State,
77 Wis. 2d 383,
253 N.W.2d 221.
943.10 Annotation
Entry into a hotel lobby open to the public with intent to steal is not burglary. Champlin v. State,
84 Wis. 2d 621,
267 N.W.2d 295 (1978).
943.10 Annotation
Section 939.72 (3) does not bar convictions for possession of burglarious tools and burglary arising out of a single transaction. Dumas v. State,
90 Wis. 2d 518,
280 N.W.2d 310 (Ct. App. 1979).
943.10 Annotation
Intent to steal is capable of being gleaned from the defendant's conduct and the circumstances surrounding it. State v. Bowden,
93 Wis. 2d 574,
288 N.W.2d 139 (1980).
943.10 Annotation
Under the facts of the case, the defendant's employer did not give the defendant consent to enter the employer's premises after hours by providing the defendant with a key to the premises. State v. Schantek,
120 Wis. 2d 79,
353 N.W.2d 832 (Ct. App. 1984).
943.10 Annotation
Felonies that form the basis of burglary charges include only offenses against persons and property. State v. O'Neill,
121 Wis. 2d 300,
359 N.W.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 Wis. 2d 627,
492 N.W.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 Wis. 2d 356,
557 N.W.2d 821 (Ct. App. 1996).
943.10 Annotation
A firearm with a trigger lock is within the applicable definition of a dangerous weapon under s. 939.22 (10). State v. Norris,
214 Wis. 2d 25,
571 N.W.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 Wis. 2d 213,
576 N.W.2d 285 (Ct. App. 1997).
943.10 Annotation
A nexus between the burglary and the weapon is not required for an armed burglary conviction. Being armed is a necessary separate element. That a nexus is not required does not violate due process and fundamental fairness. State v. Gardner,
230 Wis. 2d 32,
601 N.W.2d 670 (Ct. App. 1999).
943.10 Annotation
The defendant's violation of the bail jumping statute by making an unauthorized entry into the initial crime victim's premises in violation of the defendant's bond with the purpose of intimidating the victim constituted a felony against persons or property that would support a burglary charge. State v. Semrau, 2000 WI App 54,
233 Wis. 2d 508,
608 N.W.2d 376.
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
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 Wis. 2d 541,
219 N.W.2d 246.
943.12 Annotation
Section 939.72 (3) does not bar convictions for possession of burglarious tools and burglary arising out of single transaction. Dumas v. State,
90 Wis. 2d 518,
280 N.W.2d 310 (Ct. App. 1979).
943.12 Annotation
The defendant's 2 prior convictions for burglary were admissible to prove intent to use gloves, a long pocket knife, a crowbar, and pillow case as burglarious tools. Vanlue v. State,
96 Wis. 2d 81,
291 N.W.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:
