Wis. Stat. » CHAPTER 971 — CRIMINAL PROCEDURE — PROCEEDINGS BEFORE AND AT TRIAL
Wisconsin Statutes

Wis. Stat. § 971.33 (2026)

Possession of property, what sufficient

✓ current as of July 2026
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971.33971.33 Possession of property, what sufficient. In the prosecution of a crime committed upon or in relation to or in any way affecting real property or any crime committed by stealing, damaging or fraudulently receiving or concealing personal property, it is sufficient if it is proved that at the time the crime was committed either the actual or constructive possession or the general or special property in any part of such property was in the person alleged to be the owner thereof.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1978–2024 · leading case: State v. Matthew R. Steffes, 2013 WI 53 (Wis. 2013).
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State v. Matthew R. Steffes, 2013 WI 53 (Wis. 2013). · cites it 4× “See also Wis. Stat. § 971.33 , Possession of property (in the prosecution of a crime committed by stealing, damaging, or fraudulently receiving or concealing personal property, it is sufficient if it is proved that at the time the crime was committed either the actual or…”
State v. Flynn, 527 N.W.2d 343 (Wis. Ct. App. 1994). · cites it 2× “See § 971.33, Stats.; State v. Mosley, 102 Wis.”
State v. Peete, 517 N.W.2d 149 (Wis. 1994). “Furthermore, the Wisconsin criminal jury instructions provide a standard definition for the term "possession.”
Mitchell v. State, 267 N.W.2d 349 (Wis. 1978). “any crime committed by stealing, damaging or fraudulently receiving or concealing personal property, it is sufficient if it is proved that at the time the crime was committed either the actual or constructive possession .”
Byrd v. Israel, 513 F. Supp. 1077 (E.D. Wis. 1981). “Byrd did take monies from the presence or the possession of Miss Dulak, that the defendant intentionally took such property from Miss Dulak.”
State v. David A. Schultz (Wis. Ct. App. 2024). “§ 971.33 provides: In the prosecution of a crime committed upon or in relation to or in any way affecting real property or any crime committed by stealing, damaging or fraudulently receiving or concealing personal property, it is sufficient if it is proved that at the time the…”
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