943.12 Possession of burglarious tools. Whoever has in personal possession any device or instrumentality intended, designed or adapted for use in breaking into any depository designed for the safekeeping of any valuables or into any building or room, with intent to use such device or instrumentality to break into a depository, building or room, and to steal therefrom, is guilty of a Class I felony.
History: 1977 c. 173; 2001 a. 109.
A homemade key used to open parking meters is a burglarious tool. Perkins v. State, 61 Wis. 2d 341, 212 N.W.2d 141 (1973).
It was implausible that the defendant was looking for the home of an acquaintance in order to pick up some artwork while carrying a crowbar, a pair of gloves, and a pair of socks. Hansen v. State, 64 Wis. 2d 541, 219 N.W.2d 246 (1974).
Section 939.72 (3) does not bar convictions for possession of burglarious tools and burglary arising out of a single transaction. Dumas v. State, 90 Wis. 2d 518, 280 N.W.2d 310 (Ct. App. 1979).
The defendant's 2 prior convictions for burglary were admissible to prove intent to use gloves, a long pocket knife, a crowbar, and a pillow case as burglarious tools. Vanlue v. State, 96 Wis. 2d 81, 291 N.W.2d 467 (1980).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 943 - Crimes against property.
943.011 - Damage or threat to property of witness.
943.012 - Criminal damage to or graffiti on religious and other property.
943.013 - Criminal damage; threat; property of judge.
943.014 - Demolition of historic building without authorization.
943.015 - Criminal damage; threat; property of department of revenue employee.
943.02 - Arson of buildings; damage of property by explosives.
943.03 - Arson of property other than building.
943.04 - Arson with intent to defraud.
943.05 - Placing of combustible materials an attempt.
943.065 - Injury caused by arson: treble damages.
943.07 - Criminal damage to railroads.
943.11 - Entry into locked vehicle.
943.12 - Possession of burglarious tools.
943.125 - Entry into locked coin box.
943.14 - Criminal trespass to dwellings.
943.143 - Criminal trespass to an energy provider property.
943.145 - Criminal trespass to a medical facility.
943.15 - Entry onto a construction site or into a locked building, dwelling or room.
943.201 - Unauthorized use of an individual's personal identifying information or documents.
943.202 - Unauthorized use or possession of a credit card scanner.
943.203 - Unauthorized use of an entity's identifying information or documents.
943.205 - Theft of trade secrets.
943.207 - Transfer of recorded sounds for unlawful use.
943.208 - Recording performance without consent of performance owner.
943.209 - Failure to disclose manufacturer of recording.
943.215 - Absconding without paying rent.
943.22 - Use of cheating tokens.
943.225 - Refusal to pay for a motor bus ride.
943.23 - Operating vehicle without owner's consent.
943.24 - Issue of worthless check.
943.245 - Worthless checks; civil liability.
943.26 - Removing or damaging encumbered real property.
943.27 - Possession of records of certain usurious loans.
943.28 - Loan sharking prohibited.
943.30 - Threats to injure or accuse of crime.
943.31 - Threats to communicate derogatory information.
943.34 - Receiving stolen property.
943.37 - Alteration of property identification marks.
943.392 - Fraudulent data alteration.
943.395 - Fraudulent insurance and employee benefit program claims.
943.40 - Fraudulent destruction of certain writings.
943.41 - Financial transaction card crimes.
943.45 - Theft of telecommunications service.
943.455 - Theft of commercial mobile service.
943.46 - Theft of video service.
943.47 - Theft of satellite cable programming.
943.48 - Telecommunications; civil liability.
943.49 - Unlawful use of recording device in motion picture theater.
943.50 - Retail theft; theft of services.
943.51 - Retail theft; civil liability.
943.55 - Removal of shopping cart.
943.60 - Criminal slander of title.
943.61 - Theft of library material.
943.62 - Unlawful receipt of payments to obtain loan for another.
943.74 - Theft of farm-raised fish.
943.75 - Unauthorized release of animals.
943.76 - Infecting animals with a contagious disease.
943.81 - Theft from a financial institution.
943.82 - Fraud against a financial institution.
943.84 - Transfer of encumbered property.
943.85 - Bribery involving a financial institution.
943.86 - Extortion against a financial institution.
943.87 - Robbery of a financial institution.
943.88 - Organizer of financial crimes.