What is Burglary?
According to Wis. Stat. §943.10 subd. (1), a person is guilty of burglary as a Class F felony when s/he:
- Enters one of the following places:
- building or dwelling;
- An enclosed railroad car;
- An enclosed portion of any ship or vessel;
- A locked enclosed cargo portion of a truck or trailer;
- A motor home or other motorized type of home or trailer home, whether or not any person is living in the home; or
- A room within any of the above
- Without the consent of the person in lawful possession; and
- With intent to:
- Steal; or
- 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:
- The person is armed with a dangerous weapon or device or container described under Wis. Stat. §941.26 (4)(a);
- 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;
- While in the burglarized enclosure, the person opens or attempts to open any depository by use of an explosive;
- While the person is in the burglarized enclosure, s/he commits battery upon a person lawfully therein; or
- 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).