Wisconsin Statutes 943.10 – Burglary
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Wisconsin Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E felony | up to 15 years | up to $50,000 |
| Class F felony | up to 12 years 6 months | up to $25,000 |
Terms Used In Wisconsin Statutes 943.10
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(1g) In this section:
(a) “Boat” means any ship or vessel that has sleeping quarters.
(b) “Motor home” has the meaning given in s. 340.01 (33m).
(1m) 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 F felony:
(a) Any building or dwelling; or
(b) An enclosed railroad car; or
(c) An enclosed portion of any ship or vessel; or
(d) A locked enclosed cargo portion of a truck or trailer; or
(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
(f) A room within any of the above.
(2) Whoever violates sub. (1m) under any of the following circumstances is guilty of a Class E felony:
(a) The person is armed with a dangerous weapon or a device or container described under s. 941.26 (4) (a).
(b) The person is 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.
(c) While the person is in the burglarized enclosure, he or she opens, or attempts to open, any depository by use of an explosive.
(d) While the person is in the burglarized enclosure, he or she commits a battery upon a person lawfully therein.
(e) The burglarized enclosure is a dwelling, boat, or motor home and another person is lawfully present in the dwelling, boat, or motor home at the time of the violation.
(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.