943.02 Arson of buildings; damage of property by explosives. - Wisconsin Statutes

943.02

943.02 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.