943.01(2k)(c)2. 2. An exercise of a person’s right of free speech or assembly that is otherwise lawful.

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 History History: 1977 c. 173; 1981 c. 118 s. 9; 1987 a. 399; 1993 a. 262, 486; 1995 a. 133, 208; 1997 a. 143; 2001 a. 16, 109; 2015 a. 158; 2019 a. 33.

943.01 Annotation To prove unlawful entry to a building with intent to commit a felony in violation of s. 943.10 (1) [now s. 943.10 (1m)] when the underlying felony was criminal damage to property in excess of $1,000, it was necessary to prove not only an intent to criminally damage property, but also that the damage to the property would exceed $1,000. Gilbertson v. State, 69 Wis. 2d 587, 230 N.W.2d 874 (1975).

943.01 Annotation Criminal damage to property is a lesser included offense of arson, s. 943.02. State v. Thompson, 146 Wis. 2d 554, 431 N.W.2d 716 (Ct. App. 1988).

943.01 Annotation A person can be convicted of criminal damage to property in which the person has an ownership interest if someone else has an ownership interest. State v. Sevelin, 204 Wis. 2d 127, 554 N.W.2d 521 (Ct. App. 1996), 96-0729.

943.011 943.011 Damage or threat to property of witness.

943.011(1) (1) In this section:

943.011(1)(a) (a) “Family member” means a spouse, child, stepchild, foster child, parent, sibling, or grandchild.

943.011(1)(b) (b) “Witness” has the meaning given in s. 940.41 (3).

943.011(2) (2) Whoever does any of the following is guilty of a Class I felony:

943.011(2)(a) (a) Intentionally causes damage or threatens to cause damage to 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.

943.011(2)(b) (b) Intentionally causes damage or threatens to cause damage to any physical property owned by a person who is a family member of a witness or 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.

943.011 History History: 1997 a. 143; 2001 a. 109; 2009 a. 28.

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 I 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; 2001 a. 109.

943.013 943.013 Criminal damage; threat; property of judge.

943.013(1) (1) In this section:

943.013(1)(a) (a) “Family member” means a parent, spouse, sibling, child, stepchild, or 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 circuit, supplemental, or municipal court commissioner.