What is Burglary?

The Wisconsin legislature codified laws against burglary under Wis. Stat. §943.10. The statute is available here. According to the statute, there are two different degrees of burglary. Click on the subsection below to view them in detail.

According to Wis. Stat. §943.10 subd. (1), a person is guilty of burglary as a Class F felony when s/he:

  1. Intentionally;
  2. Enters one of the following places:
    1.  building or dwelling;
    2. An enclosed railroad car;
    3. An enclosed portion of any ship or vessel;
    4. A locked enclosed cargo portion of a truck or trailer;
    5. A motor home or other motorized type of home or trailer home, whether or not any person is living in the home; or
    6. A room within any of the above
  3. Without the consent of the person in lawful possession; and
  4. With intent to:
    1. Steal; or
    2. Commit a felony in such a place. 

A Class F felony is punishable by a fine not to exceed $25,000, imprisonment not to exceed 12 years and six months, or both.

If someone violates Wis. Stat. §943.10 subd. 1, subd. 2 enhances the level of felony to a Class E felony in the following circumstances:

  1. The person is armed with a dangerous weapon or device or container described under Wis. Stat. §941.26 (4)(a);
  2. The person is unarmed, but arms himself with a dangerous weapon or device or container described under Wis. Stat. §941.26 (4)(a) while still in the burglarized enclosure;
  3. While in the burglarized enclosure, the person opens or attempts to open any depository by use of an explosive;
  4. While the person is in the burglarized enclosure, s/he commits battery upon a person lawfully therein; or
  5. If 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.

A Class E felony is punishable by a fine of an amount not to exceed $50,000, imprisonment not to exceed 15 years, or both.

Other burglary-related crimes include Entry Into Locked Vehicle (Class A misdemeanor), Possession of Burglarious Tools (Class I felony), and Entry Into Locked Coin Box (Class A misdemeanor).

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