Wisconsin Theft Charges

What is considered Theft in Wisconsin?

In Wisconsin there are many different acts that can lead to criminal theft charges. Different types of theft involve different circumstances. It is those circumstances that often determine whether it you are charged with a misdemeanor or a felony. Theft in Wisconsin is committed by one who:

• Intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other’s consent and with intent to deprive the owner permanently of possession of such property.
• Because of there title or employment has possession or custody of another’s money or of a negotiable security, intentionally uses, transfers, conceals, or retains possession of such money without the owner’s consent, contrary to his or her authority, and with intent to convert to his or her own use or to the use of any other person except the owner.
• Having a legal interest in movable property, intentionally and without consent, takes such property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of such property.
• Obtains title to property of another person by intentionally deceiving the person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. “False representation” includes a promise made with intent not to perform it if it is a part of a false and fraudulent scheme.
• Intentionally fails to return any personal property which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement after the lease or rental agreement has expired.

Misdemeanor and Felony Theft Penalties in Wisconsin

In Wisconsin, a theft charge has the potential to carry significant penalties. These penalties depend on the type of property, where it was stolen from, when it was taken, or the value of the stolen property.

• If the value of the property does not exceed $2,500, it is a Class A Misdemeanor.
• If the value of the property does not exceed $2,501 – $5,000, it is a Class I Felony.
• If the value of the property does not exceed $5,001 – $10,000, it is a Class H Felony.
• If the value of the property does not exceed $10,000 or more, it is a Class G Felony.
• If the property is a domestic animal or a firearm the theft is a Class H felony.
• If the property is taken from a building which has been destroyed or left unoccupied because of physical disaster, riot, bombing or the proximity of battle, it is a Class H felony.
• If the property is taken from a patient or resident of a facility or program under s. 940.295 (2) or from an individual at risk, it is a Class H felony.
• If the property is taken from the person of another or from a corpse, it is a Class G felony.