Wisconsin Statutes
Wis. Stat. § 943.02 (2026)
Arson of buildings; damage of property by explosives
✓ current as of July 2026
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943.02(1)(a)(a) By means of fire, intentionally damages any building of another without the other’s consent; or
943.02(1)(b)(b) By means of fire, intentionally damages any building with intent to defraud an insurer of that building; or
943.02(1)(c)(c) By means of explosives, intentionally damages any property of another without the other’s consent.
943.02(2)(2) In this section “building of another” means a building in which a person other than the actor has a legal or equitable interest which the actor has no right to defeat or impair, even though the actor may also have a legal or equitable interest in the building. 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.
943.02 AnnotationA mortgagee’s interest is protected under sub. (1) (a); evidence of fire insurance was admissible to prove a violation of sub. (1) (a). State v. Phillips, 99 Wis. 2d 46, 298 N.W.2d 239 (Ct. App. 1980).
943.02 AnnotationCriminal 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 AnnotationFor 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 505, 551 N.W.2d 824 (Ct. App. 1996), 95-1687.
Notes of Decisions
Cited in 38
cases (8 in the last 5 years), 1972–2026 · leading case: State v. Richard J. Sulla, 2016 WI 46 (Wis. 2016).
State v. Richard J. Sulla, 2016 WI 46 (Wis. 2016). “§§ 943.02 (1)(a), 939.31, and 939.62(1)(c) 3.”
State v. Lindell, 2001 WI 108 (Wis. 2001). “10 (1)(a) and (2)(d), and arson in violation of Wis. Stat. § 943.02 (1)(a), for burglarizing and torching Harmacek's home as part of the incident that caused Harmacek's death.”
State v. Tomlinson, 2002 WI 91 (Wis. 2002). “at 734; see also Wis. Stat. § 943.02 ; Wis JI Criminal 1404 (1992).”
State v. Kuntz, 467 N.W.2d 531 (Wis. 1991). “The defendant is correct in his assertion that the instruction "[a] mobile home is a building" is a *738 mandatory conclusive presumption regarding an element of the charge of arson under sec. 943.02, Stats. The State is required to prove beyond a reasonable doubt that the…”
State v. Andrew M. Edler, 2013 WI 73 (Wis. 2013). “2011AP2916-CR ¶14 Edler was charged on April 22, 2011, with two counts of arson in violation of Wis. Stat. § 943.02 (1)(a) and one count of possessing, manufacturing, or selling a Molotov cocktail in violation of Wis.”
State v. Chu, 2002 WI App 98 (Wis. Ct. App. 2002). “Dale Chu appeals from judgments entered on jury verdicts convicting him, as a party to a crime, of committing arson of both a building and property with the intent to defraud an insurer, contrary to Wis. Stat. §§ 943.02 (1)(b), 943.04 and 939.”
State v. Dunn, 359 N.W.2d 151 (Wis. 1984). “(1) Whoever does any of the following is guilty of a Class B felony: “(a) By means of fire, intentionally damages any building of another without his consent; .”
State v. Brulport, 551 N.W.2d 824 (Wis. Ct. App. 1996). “, is not similarly titled, 2 we think it obvious that § 943.02(1)(c), Stats., barring the damage of property by the use of explosives, is also designed to protect the public safety.”
State v. Maltese Lavele Williams, 2015 WI 75 (Wis. 2015). “225), arson (§ 943.02), and robbery (§ 943.32). 22 No.”
State v. Phillips, 298 N.W.2d 239 (Wis. Ct. App. 1980). “Were we to construe sec. 943.02, Stats., as urged by defendant just such an absurd result would follow.”
State v. Smith, 490 N.W.2d 40 (Wis. Ct. App. 1992). “1 Section 943.02, Stats., states in pertinent part: Arson of buildings; damage of property by explosives.”
State v. Wolff, 491 N.W.2d 498 (Wis. Ct. App. 1992). “, and acquitted of arson to a building contrary to sec. 943.02, Stats. He was sentenced to two years (stayed) and placed on probation for four years.”
— Wis. Stat. § 943.02(1) — 6 cases
State v. Dunn, 359 N.W.2d 151 (Wis. 1984). “(1) Whoever does any of the following is guilty of a Class B felony: “(a) By means of fire, intentionally damages any building of another without his consent; .”
State v. Dunn, 345 N.W.2d 69 (Wis. Ct. App. 1984).
State v. Thomas J. W., 570 N.W.2d 586 (Wis. Ct. App. 1997).
State v. Glotz, 362 N.W.2d 179 (Wis. Ct. App. 1984).
Kuntz v. McCaughtry, 806 F. Supp. 1373 (E.D. Wis. 1992).
— Wis. Stat. § 943.02(1)(a) — 7 cases
State v. Floyd, 694 N.W.2d 509 (Wis. Ct. App. 2005).
State v. John M. Swapsy, Jr. (Wis. Ct. App. 2020).
State v. Travis D. Delabio (Wis. Ct. App. 2021).
State v. Craig S. Lillge (Wis. Ct. App. 2023).
State v. James Justin Mack Farrar (Wis. Ct. App. 2024).
— Wis. Stat. § 943.02(1)(b) — 1 case
State v. Kevin Joseph Grant (Wis. Ct. App. 2026).
— Wis. Stat. § 943.02(1)(c) — 1 case
State v. Brulport, 551 N.W.2d 824 (Wis. Ct. App. 1996). “, is not similarly titled, 2 we think it obvious that § 943.02(1)(c), Stats., barring the damage of property by the use of explosives, is also designed to protect the public safety.”
— Wis. Stat. § 943.02(2) — 1 case
State v. Phillips, 298 N.W.2d 239 (Wis. Ct. App. 1980). “Were we to construe sec. 943.02, Stats., as urged by defendant just such an absurd result would follow.”
— Wis. Stat. § 943.02(l)(a) — 5 cases
State v. Kuntz, 467 N.W.2d 531 (Wis. 1991). “The defendant is correct in his assertion that the instruction "[a] mobile home is a building" is a *738 mandatory conclusive presumption regarding an element of the charge of arson under sec. 943.02, Stats. The State is required to prove beyond a reasonable doubt that the…”
State v. Rogers, 435 N.W.2d 275 (Wis. Ct. App. 1988).
State v. Thompson, 431 N.W.2d 716 (Wis. Ct. App. 1988).
State v. Hubert, 510 N.W.2d 799 (Wis. Ct. App. 1993).
Kuntz v. McCaughtry, 806 F. Supp. 1373 (E.D. Wis. 1992).
— Wis. Stat. § 943.02(l)(b) — 1 case
State v. Ballos, 602 N.W.2d 117 (Wis. Ct. App. 1999).
— Wis. Stat. § 943.02(l)(c) — 1 case
State v. Brulport, 551 N.W.2d 824 (Wis. Ct. App. 1996). “, is not similarly titled, 2 we think it obvious that § 943.02(1)(c), Stats., barring the damage of property by the use of explosives, is also designed to protect the public safety.”
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