Wisconsin Statutes
Wis. Stat. § 943.10 (2026)
Burglary
✓ current as of July 2026
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943.10(1m)(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 or a violation of s. 940.60 (1) or 940.65 (1) in such place is guilty of a Class F felony:
943.10(1m)(e)(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
943.10(2)(2) Whoever violates sub. (1m) under any of the following circumstances is guilty of a Class E felony:
943.10(2)(a)(a) The person is armed with a dangerous weapon or a device or container described under s. 941.26 (4) (a).
943.10(2)(b)(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.
943.10(2)(c)(c) While the person is in the burglarized enclosure, he or she opens, or attempts to open, any depository by use of an explosive.
943.10(2)(d)(d) While the person is in the burglarized enclosure, he or she commits a battery upon a person lawfully therein.
943.10(2)(e)(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.
943.10(3)(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.
943.10 AnnotationStolen items may be introduced in evidence in a burglary prosecution as the items tend to prove that entry was made with intent to steal. Abraham v. State, 47 Wis. 2d 44, 176 N.W.2d 349 (1970).
943.10 AnnotationSince attempted robbery requires proof of elements in addition to those elements required to prove burglary, they are separate and distinct crimes. State v. DiMaggio, 49 Wis. 2d 565, 182 N.W.2d 466 (1971).
943.10 AnnotationThe state need not prove that the defendant knew that the defendant’s entry was without consent. Hanson v. State, 52 Wis. 2d 396, 190 N.W.2d 129 (1971).
943.10 AnnotationThe unexplained possession of recently stolen goods raises an inference that the possessor is guilty of theft, and also of burglary if the goods were stolen in a burglary, and calls for an explanation of how the possessor obtained the property. Gautreaux v. State, 52 Wis. 2d 489, 190 N.W.2d 542 (1971).
943.10 AnnotationAn information is defective if it charges entry into a building with intent to steal or to commit a felony, since these are different offenses. Champlain v. State, 53 Wis. 2d 751, 193 N.W.2d 868 (1972).
943.10 AnnotationWhile intent to steal will not be inferred from the fact of entry alone, additional circumstances such as time, nature of place entered, method of entry, identity of the accused, conduct at the time of arrest, or interruption, and other circumstances, without proof of actual losses, can be sufficient to permit a reasonable person to conclude that the defendant entered with an intent to steal. State v. Barclay, 54 Wis. 2d 651, 196 N.W.2d 745 (1972).
943.10 AnnotationEvidence that the defendant walked around a private dwelling knocking on doors, then broke the glass in one, entered, and when confronted offered no excuse, was sufficient to sustain a conviction for burglary. Raymond v. State, 55 Wis. 2d 482, 198 N.W.2d 351 (1972).
943.10 AnnotationA burglary is completed after a door is pried open and entry made. It was no defense that the defendant had changed the defendant’s mind and started to leave the scene when arrested. Morones v. State, 61 Wis. 2d 544, 213 N.W.2d 31 (1973).
943.10 AnnotationHiding in the false ceiling of the men’s room, perfected by false pretenses and fraud, rendered an otherwise lawful entrance into a restaurant unlawful. Levesque v. State, 63 Wis. 2d 412, 217 N.W.2d 317 (1974).
943.10 AnnotationFailure to allege lack of consent in an information charging burglary was not a fatal jurisdictional defect. Schleiss v. State, 71 Wis. 2d 733, 239 N.W.2d 68 (1976).
943.10 AnnotationIn a burglary prosecution, ordinarily once proof of entry is made, it is the defendant’s burden to show consent. When a private residence is broken into at night, little evidence is required to support an inference of intent to steal. LaTender v. State, 77 Wis. 2d 383, 253 N.W.2d 221 (1977).
943.10 AnnotationEntry into a hotel lobby open to the public, with intent to steal, is not burglary. Champlin v. State, 84 Wis. 2d 621, 267 N.W.2d 295 (1978).
943.10 AnnotationSection 939.72 (3) does not bar convictions for possession of burglarious tools and burglary arising out of a single transaction. Dumas v. State, 90 Wis. 2d 518, 280 N.W.2d 310 (Ct. App. 1979).
943.10 AnnotationIntent to steal is capable of being gleaned from the defendant’s conduct and the circumstances surrounding it. State v. Bowden, 93 Wis. 2d 574, 288 N.W.2d 139 (1980).
943.10 AnnotationUnder the facts of this case, the defendant’s employer did not give the defendant consent to enter the employer’s premises after hours by providing the defendant with a key to the premises. State v. Schantek, 120 Wis. 2d 79, 353 N.W.2d 832 (Ct. App. 1984).
943.10 AnnotationFelonies that form the basis of burglary charges include only offenses against persons and property. State v. O’Neill, 121 Wis. 2d 300, 359 N.W.2d 906 (1984).
943.10 AnnotationTo negate the intent to steal through the defense of “self-help” repossession of property stolen from the defendant, the money repossessed must consist of the exact coins and currency owed to the defendant. State v. Pettit, 171 Wis. 2d 627, 492 N.W.2d 633 (Ct. App. 1992).
943.10 AnnotationAs used in sub. (2) (d), “battery” applies only to simple battery. Convictions for both intermediate battery under former s. 940.19 (3), 1991 stats., and burglary/battery under sub. (2) (d) did not violate double jeopardy. State v. Reynolds, 206 Wis. 2d 356, 557 N.W.2d 821 (Ct. App. 1996), 96-0265.
943.10 AnnotationA firearm with a trigger lock is within the applicable definition of a dangerous weapon under s. 939.22 (10). State v. Norris, 214 Wis. 2d 25, 571 N.W.2d 857 (Ct. App. 1997), 96-2158.
943.10 AnnotationSub. (1) [now sub. (1m)] requires only an intent to commit a felony. There is not a unanimity requirement that the jury agree on the specific felony that was intended. State v. Hammer, 216 Wis. 2d 214, 576 N.W.2d 285 (Ct. App. 1997), 96-3084.
943.10 AnnotationA nexus between the burglary and the weapon is not required for an armed burglary conviction. Being armed is a necessary separate element. That a nexus is not required does not violate due process and fundamental fairness. State v. Gardner, 230 Wis. 2d 32, 601 N.W.2d 670 (Ct. App. 1999), 98-2655.
943.10 AnnotationThe defendant’s violation of the bail jumping statute by making an unauthorized entry into the initial crime victim’s premises in violation of the defendant’s bond with the purpose of intimidating the victim constituted a felony against persons or property that would support a burglary charge. State v. Semrau, 2000 WI App 54, 233 Wis. 2d 508, 608 N.W.2d 376, 98-3443.
943.10 AnnotationA person commits a burglary by entering premises with the intent of committing a felony against persons or property while on the premises, regardless of whether the person’s actions while within the premises constitute a new crime or the continuation of an ongoing offense. Felon in possession of a firearm in violation of s. 941.29 is a crime against persons or property that may be an underlying felony for a burglary charge. State v. Steele, 2001 WI App 34, 241 Wis. 2d 269, 625 N.W.2d 595, 00-0190.
943.10 AnnotationEach paragraph of sub. (2) defines a complete stand-alone crime. Separate convictions under separate paragraphs arising from the same event do not constitute double jeopardy. State v. Beasley, 2004 WI App 42, 271 Wis. 2d 469, 678 N.W.2d 600, 02-2229.
943.10 AnnotationSub. (1m) (a) to (f) does not provide alternative elements of the crime of burglary but instead identifies alternative means of committing one element of the crime of burglary. United States v. Franklin, 2019 WI 64, 387 Wis. 2d 259, 928 N.W.2d 545, 18-1346.
943.10 AnnotationFelony murder is committed when the death of another person is caused by a defendant during the commission of certain crimes, including burglary. The elements of burglary include the intent to either steal or to commit a felony. The evidence demonstrated that the defendant in this case forced his way into a building and started shooting with two guns, which was indicative of an intent to recklessly endanger the safety of those inside—a felony. Therefore, the defendant was convicted of a valid crime. State v. Mays, 2022 WI App 24, 402 Wis. 2d 162, 975 N.W.2d 649, 21-0765.
Notes of Decisions
Cited in 200
cases (16 in the last 5 years), 1961–2026 · leading case: United States v. Dennis Franklin, 928 N.W.2d 545 (Wis. 2019).
United States v. Dennis Franklin, 928 N.W.2d 545 (Wis. 2019). “1 The question certified for determination is: Whether the different location subsections of the Wisconsin burglary statute, Wis. Stat. § 943.10 (1m)(a) -(f), identify alternative elements of burglary, one 1All subsequent references to the Wisconsin Statutes are to the 2017-18…”
State v. Richard J. Sulla, 2016 WI 46 (Wis. 2016). “§§ 943.10 (2)(b) and 939.62(1)(c) 2. Count 2: Conspiracy to commit arson, contrary to Wis.”
State v. Beasley, 678 N.W.2d 600 (Wis. Ct. App. 2004). “Beasley's challenge on appeal involves only two of his convictions: Count 5, burglary with intent to steal while armed with a dangerous weapon, in violation of Wis. Stat. § 943.10 (2)(a) (1997-98), 1 and Count 6, burglary with intent to steal while committing a battery upon a…”
State v. Johnny K. Pinder, 919 N.W.2d 568 (Wis. 2018). “PROCEDURAL POSTURE ¶15 On March 16, 2015, the State filed a criminal complaint charging Pinder with one count of burglary of a building or dwelling - as a party to a crime, contrary to Wis. Stat. §§ 943.10 (1m)(a), 939.50(3)(f), and 939.”
State v. Klessig, 564 N.W.2d 716 (Wis. 1997). “49 (1)(b) (1995-96) [1] and one count of being a party to the crime of burglary contrary to Wis. Stat. § 943.10 (1)(a) [2] and Wis. Stat.”
State v. Tabitha A. Scruggs, 2017 WI 15 (Wis. 2017). “2 She pleaded no contest 2 Wis. Stat. § 943.10 (1m)(a) provides: (continued) 2 No.”
United States v. Franklin, 895 F.3d 954 (7th Cir. 2018). “Wis. Stat. § 943.10 (1m). Our question, see below at 961, is whether the different location subsections (a)-(f) identify alternative elements of burglary or instead only identify alternative means of committing burglary.”
State v. Saunders, 2002 WI 107 (Wis. 2002). “[7] Each sentence consisted of the maximum twenty years allowable under the state's then-current armed burglary statutes, see Wis. Stat. §§ 943.10 (1)(a) and (2)(a); 939.”
State v. Lindell, 2001 WI 108 (Wis. 2001). “Lindell was also convicted of burglary in violation of Wis. Stat. § 943.10 (1)(a) and (2)(d), and arson in violation of Wis.”
State v. Kuntz, 467 N.W.2d 531 (Wis. 1991). “1 Section 943.10 Burglary provides: (1) 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 C felony: (a) Any building or dwelling; (2)…”
State v. Trawitzki, 2001 WI 77 (Wis. 2001). “The State charged Trawitzki with one count of armed burglary as a party to a crime and in association with a criminal gang, in violation of Wis. Stat. §§ 943.10 (1)(f), 943.10(2)(b), 939.”
United States v. Ryan Pouliot, 836 F.3d 831 (7th Cir. 2016). “” Wis. Stat. § 943.10 (1m)(a). The judges in both cases consulted the state charging documents to determine whether Edwards and Pouliot were convicted of burglary of a dwelling as required by § 4B1.”
— Wis. Stat. § 943.10(1) — 24 cases
State v. Pettit, 492 N.W.2d 633 (Wis. Ct. App. 1992).
State v. Billings, 329 N.W.2d 192 (Wis. 1983).
State v. Beasley, 678 N.W.2d 600 (Wis. Ct. App. 2004). “Beasley's challenge on appeal involves only two of his convictions: Count 5, burglary with intent to steal while armed with a dangerous weapon, in violation of Wis. Stat. § 943.10 (2)(a) (1997-98), 1 and Count 6, burglary with intent to steal while committing a battery upon a…”
State v. Hammer, 576 N.W.2d 285 (Wis. Ct. App. 1997).
State v. O'NEILL, 359 N.W.2d 906 (Wis. 1984).
— Wis. Stat. § 943.10(1)(a) — 19 cases
United States v. Dennis Franklin, 928 N.W.2d 545 (Wis. 2019). “1 The question certified for determination is: Whether the different location subsections of the Wisconsin burglary statute, Wis. Stat. § 943.10 (1m)(a) -(f), identify alternative elements of burglary, one 1All subsequent references to the Wisconsin Statutes are to the 2017-18…”
State v. Whitrock, 468 N.W.2d 696 (Wis. 1991).
State v. Billings, 329 N.W.2d 192 (Wis. 1983).
State v. Amos, 450 N.W.2d 503 (Wis. Ct. App. 1989).
State v. Anderson, 477 N.W.2d 277 (Wis. 1991).
— Wis. Stat. § 943.10(1)(f) — 4 cases
State v. Marks, 533 N.W.2d 730 (Wis. 1995).
State v. Jackson, 567 N.W.2d 920 (Wis. Ct. App. 1997).
State v. Johnson, 588 N.W.2d 330 (Wis. Ct. App. 1998).
State v. Chevele Donte Lyons (Wis. Ct. App. 2020).
— Wis. Stat. § 943.10(1m) — 5 cases
United States v. Dennis Franklin, 928 N.W.2d 545 (Wis. 2019). “1 The question certified for determination is: Whether the different location subsections of the Wisconsin burglary statute, Wis. Stat. § 943.10 (1m)(a) -(f), identify alternative elements of burglary, one 1All subsequent references to the Wisconsin Statutes are to the 2017-18…”
State v. Johnny K. Pinder, 919 N.W.2d 568 (Wis. 2018). “PROCEDURAL POSTURE ¶15 On March 16, 2015, the State filed a criminal complaint charging Pinder with one count of burglary of a building or dwelling - as a party to a crime, contrary to Wis. Stat. §§ 943.10 (1m)(a), 939.50(3)(f), and 939.”
United States v. Dennis Franklin (Wis. 2019).
State v. Jonathan P. Tuggle (Wis. Ct. App. 2022).
Woods v. Ruzinski (E.D. Wis. 2021).
— Wis. Stat. § 943.10(1m)(a) — 10 cases
United States v. Dennis Franklin, 928 N.W.2d 545 (Wis. 2019). “1 The question certified for determination is: Whether the different location subsections of the Wisconsin burglary statute, Wis. Stat. § 943.10 (1m)(a) -(f), identify alternative elements of burglary, one 1All subsequent references to the Wisconsin Statutes are to the 2017-18…”
State v. Johnny K. Pinder, 919 N.W.2d 568 (Wis. 2018). “PROCEDURAL POSTURE ¶15 On March 16, 2015, the State filed a criminal complaint charging Pinder with one count of burglary of a building or dwelling - as a party to a crime, contrary to Wis. Stat. §§ 943.10 (1m)(a), 939.50(3)(f), and 939.”
State v. Mason, 918 N.W.2d 78 (Wis. Ct. App. 2018).
United States v. Dennis Franklin (Wis. 2019).
State v. Johnny K. Pinder (Wis. 2018).
— Wis. Stat. § 943.10(1m)(c) — 2 cases
United States v. Dennis Franklin, 928 N.W.2d 545 (Wis. 2019). “1 The question certified for determination is: Whether the different location subsections of the Wisconsin burglary statute, Wis. Stat. § 943.10 (1m)(a) -(f), identify alternative elements of burglary, one 1All subsequent references to the Wisconsin Statutes are to the 2017-18…”
United States v. Dennis Franklin (Wis. 2019).
— Wis. Stat. § 943.10(1m)(d) — 1 case
State v. Santiago B. Rios (Wis. Ct. App. 2022).
— Wis. Stat. § 943.10(1m)(f) — 3 cases
United States v. Dennis Franklin, 928 N.W.2d 545 (Wis. 2019). “1 The question certified for determination is: Whether the different location subsections of the Wisconsin burglary statute, Wis. Stat. § 943.10 (1m)(a) -(f), identify alternative elements of burglary, one 1All subsequent references to the Wisconsin Statutes are to the 2017-18…”
United States v. Dennis Franklin (Wis. 2019).
State v. Johnny K. Pinder (Wis. 2018).
— Wis. Stat. § 943.10(2) — 9 cases
State v. Beasley, 678 N.W.2d 600 (Wis. Ct. App. 2004). “Beasley's challenge on appeal involves only two of his convictions: Count 5, burglary with intent to steal while armed with a dangerous weapon, in violation of Wis. Stat. § 943.10 (2)(a) (1997-98), 1 and Count 6, burglary with intent to steal while committing a battery upon a…”
State v. Mason, 2004 WI App 176 (Wis. Ct. App. 2004).
State v. Reynolds, 557 N.W.2d 821 (Wis. Ct. App. 1996).
State v. Chambers, 515 N.W.2d 531 (Wis. Ct. App. 1994).
State v. Nelson, 2005 WI App 113 (Wis. Ct. App. 2005).
— Wis. Stat. § 943.10(2)(a) — 4 cases
State v. Jones, 532 N.W.2d 79 (Wis. 1995).
State v. Beasley, 678 N.W.2d 600 (Wis. Ct. App. 2004). “Beasley's challenge on appeal involves only two of his convictions: Count 5, burglary with intent to steal while armed with a dangerous weapon, in violation of Wis. Stat. § 943.10 (2)(a) (1997-98), 1 and Count 6, burglary with intent to steal while committing a battery upon a…”
State v. Kazee, 531 N.W.2d 332 (Wis. Ct. App. 1995).
State v. Steele, 2001 WI App 34 (Wis. Ct. App. 2001).
— Wis. Stat. § 943.10(2)(b) — 6 cases
State v. Slagoski, 2001 WI App 112 (Wis. Ct. App. 2001).
State v. Gardner, 601 N.W.2d 670 (Wis. Ct. App. 1999).
State v. Norris, 571 N.W.2d 857 (Wis. Ct. App. 1997).
State v. Scheidell, 584 N.W.2d 897 (Wis. Ct. App. 1998).
Upshaw v. Powell, 478 F. Supp. 1264 (E.D. Wis. 1979).
— Wis. Stat. § 943.10(2)(d) — 4 cases
State v. Kuntz, 467 N.W.2d 531 (Wis. 1991). “1 Section 943.10 Burglary provides: (1) 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 C felony: (a) Any building or dwelling; (2)…”
State v. Reynolds, 557 N.W.2d 821 (Wis. Ct. App. 1996).
State v. Beasley, 678 N.W.2d 600 (Wis. Ct. App. 2004). “Beasley's challenge on appeal involves only two of his convictions: Count 5, burglary with intent to steal while armed with a dangerous weapon, in violation of Wis. Stat. § 943.10 (2)(a) (1997-98), 1 and Count 6, burglary with intent to steal while committing a battery upon a…”
State v. Hammer, 576 N.W.2d 285 (Wis. Ct. App. 1997).
— Wis. Stat. § 943.10(3) — 1 case
Champlin v. State, 267 N.W.2d 295 (Wis. 1978).
— Wis. Stat. § 943.10(f)(2) — 1 case
State v. Jackson, 567 N.W.2d 920 (Wis. Ct. App. 1997).
— Wis. Stat. § 943.10(l)(a) — 27 cases
State v. Whitrock, 468 N.W.2d 696 (Wis. 1991).
State v. Teynor, 414 N.W.2d 76 (Wis. Ct. App. 1987).
State v. Hicks, 536 N.W.2d 487 (Wis. Ct. App. 1995).
State v. Booth, 418 N.W.2d 20 (Wis. Ct. App. 1987).
State v. Anderson, 477 N.W.2d 277 (Wis. 1991).
— Wis. Stat. § 943.10(l)(f) — 3 cases
State v. Curtis, 424 N.W.2d 719 (Wis. Ct. App. 1988).
State v. Marks, 533 N.W.2d 730 (Wis. 1995).
State v. Jackson, 567 N.W.2d 920 (Wis. Ct. App. 1997).
— Wis. Stat. § 943.10(lm)(a) — 1 case
Saeger v. Avila, 930 F. Supp. 2d 1009 (E.D. Wis. 2013).
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