Wisconsin Statutes
Wis. Stat. § 943.14 (2026)
Criminal trespass to dwellings
✓ current as of July 2026
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943.14(1)(1) In this section, “dwelling” means a structure or part of a structure that is used or intended to be used as a home or residence by one or more persons to the exclusion of all others. For the purposes of this section, a dwelling meets that definition regardless of whether the dwelling is currently occupied by a resident.
943.14(2)(2) Whoever intentionally enters or remains in the dwelling of another without the consent of some person lawfully upon the premises or, if no person is lawfully upon the premises, without the consent of the owner of the property that includes the dwelling, under circumstances tending to create or provoke a breach of the peace, is guilty of a Class A misdemeanor.
943.14 AnnotationCriminal trespass to a dwelling is not a lesser included offense of burglary. Raymond v. State, 55 Wis. 2d 482, 198 N.W.2d 351 (1972).
943.14 AnnotationRegardless of any ownership rights in the property, if a person enters a dwelling that is another’s residence, without consent, this section is violated. State v. Carls, 186 Wis. 2d 533, 521 N.W.2d 181 (Ct. App. 1994).
943.14 AnnotationEntering an outbuilding accessory to a main house may be a violation. 62 Atty. Gen. 16.
Notes of Decisions
Cited in 29
cases (5 in the last 5 years), 1965–2026 · leading case: State v. Sykes, 2005 WI 48 (Wis. 2005).
State v. Sykes, 2005 WI 48 (Wis. 2005). “Pursuant to Wis. Stat. § 943.14 , "[w]hoever intentionally enters the dwelling of another without the consent of some person lawfully upon the premises, upon circumstances tending to create or provoke a breach of the peace," commits criminal trespass to a dwelling.”
State v. Von Loh, 458 N.W.2d 556 (Wis. Ct. App. 1990). “BREACH OF THE PEACE Von Loh next argues that the state failed to prove that his conduct tended "to create or provoke a breach of the peace" as required by sec. 943.14, Stats. [1] He relies on Black's Law Dictionary 171 (5th ed.”
Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022). “, Wis. Stat. § 943.14 (1),16 which defines "dwelling" as "a structure or part of a structure that is used or intended to be used as a home or residence by one or more persons to the exclusion of all others.”
State v. Whitrock, 468 N.W.2d 696 (Wis. 1991). “Section 943.14, Stats. 1989-90, defines criminal trespass as follows: Whoever intentionally enters the dwelling of another without the consent of some person lawfully upon the premises, under circumstances tending to create or provoke a disturbance of the peace, is guilty of a…”
State v. Billings, 329 N.W.2d 192 (Wis. 1983). “[7] Section 943.14, Stats. [8] As the majority notes, the judgment by a reviewing court that an error is harmless beyond a reasonable doubt is to be based on the court's own reading of the record and on what seems to have been the probable impact of the confession on the minds…”
State v. Wilks, 358 N.W.2d 273 (Wis. 1984). “[3] Section 943.14, Stats. [4] Sections 943.10(1)(a) and 939.”
State v. Kandutsch, 2011 WI 78 (Wis. 2011). “Kandutsch was also charged with criminal trespass with a domestic abuse enhancer and criminal damage, contrary to Wis. Stat. §§ 943.14 and 968.075(l)(a). After a mistrial and an interlocutory appeal, Kandutsch pleaded no contest to these charges and was convicted.”
State v. Migliorino, 442 N.W.2d 36 (Wis. 1989). “Section 943.14, Stats., is the only other criminal statute which makes mere entry a violation if it tends to create a or provoke a breach of the peace.”
Cyrus v. Town of Mukwonago, 624 F.3d 856 (7th Cir. 2010). “Possibilities include criminal trespass to dwelling in violation of Wis. Stat. § 943.14 , or entry onto a construction site or into a locked building, dwelling, or room in violation of Wis.”
United States v. Jonathon Lamb, 847 F.3d 928 (8th Cir. 2017). “” Wis. Stat. § 943.14 (1) (emphasis added).”
State v. Warbelton, 2008 WI App 42 (Wis. Ct. App. 2008). “Count Five alleged that on February 27, 2004, Warbelton committed criminal trespass to a dwelling, in violation of Wis. Stat. § 943.14 . Count Six alleged that on February 27, 2004, Warbelton committed criminal damage to property, in violation of Wis.”
State v. Warbelton, 2009 WI 6 (Wis. 2009). “6 This case was consolidated with two other criminal cases against Warbelton, alleging three counts of bail jumping and two violations of a domestic abuse order. Ultimately, the jury returned not guilty verdicts on these five charges.”
— Wis. Stat. § 943.14(2) — 2 cases
State v. Troy Allen Shaw (Wis. Ct. App. 2024).
State v. Santiago B. Rios (Wis. Ct. App. 2022).
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