2010 Wisconsin Code
Chapter 943. Crimes against property.
943.02 Arson of buildings; damage of property by explosives.
943.02943.02 Arson of buildings; damage of property by explosives.
943.02(1)(1) Whoever does any of the following is guilty of a Class C felony:
943.02(1)(a)(a) By means of fire, intentionally damages any building of another without the other's consent; or
943.02(1)(b)(b) By means of fire, intentionally damages any building with intent to defraud an insurer of that building; or
943.02(1)(c)(c) By means of explosives, intentionally damages any property of another without the other's consent.
943.02(2)(2) In this section "building of another" means a building in which a person other than 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 recovered or attempted to recover on a policy of insurance by reason of the fire is relevant but not essential to establish the actor's intent to defraud the insurer.
943.02 - ANNOT.History: 1977 c. 173; 1993 a. 486; 2001 a. 109.
943.02 - ANNOT.A mortgagee's interest is protected under sub. (1) (a); evidence of fire insurance was admissible to prove a violation of sub. (1) (a). State v. Phillips, 99 Wis. 2d 46, 298 N.W.2d 239 (Ct. App. 1980).
943.02 - ANNOT.Criminal damage to property under s. 943.01 is a lesser-included offense of arson. State v. Thompson, 146 Wis. 2d 554, 431 N.W.2d 716 (Ct. App. 1988).
943.02 - ANNOT.For purposes of this section, an explosive is any chemical compound, mixture, or device, 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 Wis. 2d 505, 551 N.W.2d 824 (Ct. App. 1996), 95-1687.
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