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Please remember that any links or documents provided on this web site
are provided to assist you and do not necessarily reflect the
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All information contained within this page is to be used only as reference
source or guide. If you need exact information, please consult the
Wisconsin State Statute book.
Wisconsin
State
Statutes
Arson
Related
941.10 Negligent Handling of Burning Material
941.11 Unsafe Burning of Buildings
941.12 Interfering with Fire Fighting
941.13 False Alarms
943.02 Arson of Buildings; Damage of Property by Explosives
943.03 Arson of Property other than Building
943.04 Arson with Intent to Defraud
943.05 Placing of Combustible Materials an Attempt
943.06 Molotov Cocktails
943.065 Injury Caused by Arson- Treble Damages
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941.10 Negligent Handling of Burning Material |
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(1) Whoever handles burning material in a
highly negligent manner is guilty of a Class A misdemeanor.
(2) Burning material is handled in a highly negligent manner if
handles with criminal negligence under s. 939.25 or under circumstances in
which the person should realize that substantial and unreasonable risk of
serious damage to another's property is created
HISTORY: 1977c. 173:1987a.399 |
| 941.11 Unsafe Burning of Buildings |
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Whoever does either of the following is guilty
of a Class D Felony
(1) Intentionally burns his or her own building under
circumstances in which he or she should realize he or she is creating an
unreasonable risk of death or great bodily harm to another or serious
damage to another's property or,
(2) Intentionally burns a building of one who has consented to
the destruction thereof but does so under circumstances in which he or she
should realize he or she is creating an unreasonable risk of death or
great bodily harm to another or serious damage to a 3rd person's property
HISTORY: 1977 c.1973:1993a.486:1997 a. 417 |
| 941.12 Interfering
with Fire Fighting |
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(1) Whoever intentionally interferes with the
proper functioning of a fire alarm system or the lawful efforts of
firefighters to extinguish a fire is guilty of a Class E Felony
(2) Whoever interferes with, tampers with or removes, without
authorization any fire extinguisher, fire hose or any other fire fighting
equipment is guilty of a Class A Misdemeanor.
(3) Whoever interferes with accessibility to a fire hydrant by
piling or dumping material near it without first obtaining permission from
the appropriate municipal authority is guilty of a Class C.
Misdemeanor. Every day during which the interference continues
constitutes a separate offense.
HISTORY: 1997c.173 |
| 941.13 False Alarms |
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Whoever intentionally gives a false alarm to any
public officer or employee, whether by means of a fire alarm system or
otherwise, is guilty of a Class A Misdemeanor.
HISTORY: 1977 c.173 |
| 943.02 Arson of
Buildings; Damage of Property by Explosives |
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(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 the other's consent, or
(b) By means of fire, intentionally
damages any building with intent to defraud an insurer of that building ,
or
(c) By means of explosives, intentionally
damages any property of another without the other's consent.
(2) In this section "building of another" means
a building in which a person other that 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 may also have a legal or
equitable interest in the building. Proof that the actor recovered
or attempted to recover on a policy on insurance by reason of the fire is
relevant but not essential to establish the actor's intent to defraud the
insurer.
HISTORY: 1977 c 173: 1993 a. 486
Mortgagee's interest is protected under (1) (a); evidence of fire
insurance was admissible to prove violation of (1) (a). State v. Phillips
99 W (2d) 26,398 NW (2d) 239 (Ct. App. 1980)
See note to 943.01. citing State v. Thompson. 146 W (2d) 554, 431 NW
(2d) 716 (Ct. App. 1988)
For the purposes of this section, an explosive is any chemical compound
mixture or devise, 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 W (2d) 506, 551 NW (2d)
824 (Ct. App. 1996) |
| 943.03 Arson of Property
other than Building |
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Whoever, by means of fire, intentionally damages
any property (other than a building) of another without the person's
consent, if the property is of the value of $100 or more is guilty of a Class
E. Felony
HISTORY: 1977 c. 173 |
| 943.04 Arson with Intent to
Defraud |
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Whoever, by means of fire,
damages any property (other than a building) with intent to defraud an
insurer of that property is guilty of a Class D Felony. Proof that
the actor recovered or attempted to recover on a policy of insurance by
reason of the fire is relevant by not essential to establish the actor's
intent to defraud the insurer.
HISTORY: 1977 c. 173 |
| 943.05 Placing of
Combustible Materials an Attempt |
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Whoever places any combustible or explosive
material or devise n or near any property with intent to set fire to or
blow up such property is guilty of an attempt to violate either s. 943.01,
943.012,
943.013,
943.02,
943.03
or 943.04
depending on the facts of the particular case.
HISTORY :1797 a. 348: 1993 a. 50 |
| 943.06 Molotov Cocktails |
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(1) As used in this section, "fire
bomb" means a breakable container containing a flammable liquid with
a flash point of 150 degrees Fahrenheit or less, having a wick or similar
devise capable of being ignited, but does not mean a device commercially
manufactured primarily for the purpose of illumination.
(2) Whoever possesses, manufactures, sells, offers for sale,
gives or transfers a fire bomb is guilty of a Class E Felony.
(3) This section shall not prohibit the authorized use or procession
of any such devise by a member of the armed forces or by firefighters or
law enforcement officers.
HISTORY: 1977 c 173: 1985 a. 135s. 83(3) |
| 943.065 Injury Caused by
Arson: Treble Damages |
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(1) Any person who incurs injury to his or
her person or his, her or its business or property by reason of a
violation of s.
943.02, 943.03,
943.04,
943.05
or 943.06,
including the state or any municipality which incurs costs in
extinguishing or investigating the cause of a fire under those circumstances,
may sue the person convicted of the violation for damages. A court
shall award treble damages, plus costs and attorney fees, to a person,
including the state or municipality, providing injury under this
section. The damages, costs and fees are payable only by
the person convicted of the violation. This section does not impose
any duty upon a company providing insurance coverage to defend its insured
in any action brought under this section.
(2) The treble damages requirement under sub.
(1) applies in any wrongful death action under s.
895.03 based on a violation specified in sub.
(1).
HISTORY: 1981 c. 78. |
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