Wisconsin Criminal Damage to Property

The state must prove beyond a reasonable doubt all of the  elements of the crime charged. They must prove that you: 

1. Caused damage to physical property;
2. Intentionally caused that damage;
3. The property damaged belonged to another person;
4. Caused the damage without the consent of the owner of the property; and
5. Knew the property in question belonged to another person and that person did not consent to the damage.

Damage includes anything from defacement to total destruction. In order to “intentionally” damage the property you must have had the mental purpose to damage the property. Or alternatively if you were aware that your conduct was practically certain to cause that result.

Felony Criminal Damage to Property

A felony can be charged if the damage to the property results in a loss of value more than $2,500. Additionally, if any of the following facts or circumstances are alleged a felony may be charged:

1. Damage to a vehicle or highway and is of a kind which is likely to cause injury to a person or further property damage;
2. Property belonging to a public utility or common carrier and the damage is of the kind which is likely to impair the services of the public utility or common carrier;
3. Property belonging to a person who is, or was, a juror and the damage was caused because of any verdict or indictment which the owner was involved in deciding;
4. The property is on certain state-owned land and is listed on a registry;
5. The property is “rock art” on the national register of historic places in Wisconsin; or
6. Property is plant material used in research.

A felony criminal damage to property will also be charged if in an attempt to steal money from a machine that is operated by coin, currency, or credit or debit card that machine is damaged.