Some people think of trespassing as a petty violation, a crime so minor that it hardly warrants worrying about. But this just isn’t the truth: trespassing is still a crime, wherever it occurs in the United States, and in some states it is a very serious crime under the wrong circumstances.
Accordingly, you’ll want to understand the trespassing law in your home state not only so you can keep people off of your property but also so you can avoid accidentally trespassing on someone else’s property.
But every state’s laws on trespassing are a little bit different, just like everything else in the good old US of A.
Looking at Wisconsin, you’ll find that their trespassing laws are very long, confusingly written, and in no way intuitive to those uninitiated in legal language or proceedings.
But we are here to help you make sense of the most important concepts in Wisconsin’s state statutes, so grab your reading glasses, sharpen your pencil and let’s get going.
Wisconsin Trespassing Law Overview
- Most kinds of trespassing in Wisconsin are misdemeanors, but some violations, like trespassing into vital utility infrastructure installations, are felonies.
- Wisconsin’s trespassing statutes are very lengthy and spread out, with definitions, defenses and so forth scattered around. Read thoroughly!
- Wisconsin has many specific restrictions on the carry of firearms onto the property of other people that must be obeyed.
What Constitutes Trespassing in Wisconsin?
Pretty much everyone knows what trespassing is, instinctively, but what the actual definition is varies from state to state, and as you might imagine is very important for understanding the law.
Unfortunately, Wisconsin does not make it easy to get down to a brass-tacks definition thanks to the long way they have the statutes laid out.
But, I can help with that: Wisconsin broadly defines trespassing as entering in or remaining upon the land or premises of another person lacking explicit permission from the property owner or the property owner’s agent or doing so in defiance of posted no-trespassing signage or fencing that is specifically designed to keep people out.
That is a summary, but you can read the exact text of the statute in 943.13, a looong statute that will be referred to several times.
Again, just a reminder, Wisconsin’s laws on trespassing are many, and we are only including excerpts here. Make sure you look them up for yourself in their entirety!
943.13 Trespass to land.(…)(1e) In this section:(1m) Whoever does any of the following is subject to a Class B forfeiture:(a) Enters any enclosed, cultivated or undeveloped land of another, other than open land specified in par. (e) or (f), without the express or implied consent of the owner or occupant.(am) Enters any land of another that is occupied by a structure used for agricultural purposes without the express or implied consent of the owner or occupant.(b) Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises. This paragraph does not apply to a licensee or out-of-state licensee if the owner’s or occupant’s intent is to prevent the licensee or out-of-state licensee from carrying a firearm on the owner’s or occupant’s land.(…)
Does Wisconsin Require “No Trespassing” Signs?
Yes, for protecting certain kinds of property and also for serving as notice against trespass and the absence of a fence or specific, direct notification to an individual verbally or in writing.
I will also point out that Wisconsin is one of several states that have highly specific requirements for the posting of no-trespassing signage, specifically the size of the sign, how and where the signage must be posted, the title of the person that is legally posting the sign that is in control of the property and other factors.
Once more, you can read this for yourself in section 943.13 a little further down. The relevant parts are copied in their entirety below:
943.13 Trespass to land.(2)(…)(am) A person has received notice from the owner or occupant within the meaning of sub. (1m) (b), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this paragraph under either of the following procedures:1. If a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must provide an appropriate notice and the name of the person giving the notice followed by the word “owner” if the person giving the notice is the holder of legal title to the land and by the word “occupant” if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this subdivision were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this subdivision.2. If markings at least one foot long, including in a contrasting color the phrase “private land” and the name of the owner, are made in at least 2 conspicuous places for every 40 acres to be protected.(bm)1. In this paragraph, “ sign” means a sign that states a restriction imposed under subd. 2. that is at least 5 inches by 7 inches.(…)
Is Fencing Required to Protect Property?
No. Fencing is not strictly required to protect your property from trespassers under the law, though enclosing a property with fencing that is manifestly designed to work as a barrier against entry essentially counts as a notification against trespassing.
Said another way, any trespasser who crosses or circumvents a fence to enter your property is going to be facing more serious charges.
What Other Marks Indicate “No Trespassing”?
None. There are some states out there, and an increasing number of them, that allow the use of high visibility purple or orange fluorescent spray paint to mark the boundaries of a property and give notice against trespassing, but Wisconsin is not one of them.
It should also be noted that even though the presence of these markings on trees, fence posts and other features is increasingly common knowledge that does not mean the law will back you up if that is all you are using to mark your property against trespassers.
Any spray paint markings that you make or for reference and your convenience only.
If you aren’t going to put up a fence you’ll still need to put up those no-trespassing signs.
Can Solicitors Ignore “No Trespassing” Signs?
Generally not, though some brazen ones will if they are in a suburban or urban residential area because they are, in essence, directly approaching the owner of the property to ask for permission to be on the property, i.e. asking for a little bit of your time in order to deliver their pitch.
On the other hand, no solicitor is wise to ignore a posted no-trespassing sign in a rural or remote area, and under no conditions can they bypass a closed or locked gate that blocks access to your property, driveway or sidewalk.
Can Trespassing Result in Arrest in Wisconsin?
Yes, it absolutely can. Wisconsin, overall, is pretty serious about trespassing.
Though most kinds of trespassing charges are misdemeanors, misdemeanors can still put you in jail for a time, and more serious forms of trespassing will rate felony charges with major fines and prison sentences.
Can You Take Someone to Court for Trespassing?
Yes, definitely. As described above, trespassing is a fairly serious crime in Wisconsin, and anyone who trespasses repeatedly or in order to further or commit another crime will certainly find themselves dragged into court under most circumstances.
Likewise anyone who trespasses and damages land or other property belonging to the owner of the real estate will find themselves in the crosshairs of a lawsuit.
Special Instances of Trespassing in Wisconsin
Wisconsin has many special statutes concerning trespassing, and some of the most prolific trespassing concerns while carrying a firearm.
Below is one example, again taken from section 943.13. You definitely don’t want to be charged with trespassing, and you really, really don’t want to be charged with trespassing while carrying a firearm!
943.13 Trespass to land.(c)(…)2. While carrying a firearm, enters or remains in any part of a nonresidential building, grounds of a nonresidential building, or land that the actor does not own or occupy after the owner of the building, grounds, or land, if that part of the building, grounds, or land has not been leased to another person, or the occupant of that part of the building, grounds, or land has notified the actor not to enter or remain in that part of the building, grounds, or land while carrying a firearm or with that type of firearm. (…)…
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