Wisconsin Trespass Law

943.13 Trespass to land. (1e) In this section:

(a) “Dwelling unit” means a structure or that part of a structure

which is used or intended to be used as a home, residence or sleeping

place by one person or by 2 or more persons maintaining a

common household, to the exclusion of all others.

(az) “Implied consent” means conduct or words or both that

imply that an owner or occupant of land has given consent to

another person to enter the land.

(b) “Inholding” means a parcel of land that is private property

and that is surrounded completely by land owned by the United

States, by this state or by a local governmental unit or any combination

of the United States, this state and a local governmental

unit.

(c) “Local governmental unit” means a political subdivision of

this state, a special purpose district in this state, an instrumentality

or corporation of the political subdivision or special purpose district

or a combination or subunit of any of the foregoing.

(d) “Place of employment” has the meaning given in s. 101.01

(11).

(e) “Private property” means real property that is not owned

by the United States, this state or a local governmental unit.

(f) “Open land” means land that meets all of the following criteria:

1. The land is not occupied by a structure or improvement

being used or occupied as a dwelling unit.

2. The land is not part of the curtilage, or is not lying in the

immediate vicinity, of a structure or improvement being used or

occupied as a dwelling unit.

3. The land is not occupied by a public building.

4. The land is not occupied by a place of employment.

(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.

(e) Enters or remains on open land that is an in holding of

another after having been notified by the owner or occupant not

to enter or remain on the land.

(f) Enters undeveloped private land from an abutting parcel of

land that is owned by the United States, this state or a local governmental

unit, or remains on such land, after having been notified by

the owner or occupant not to enter or remain on the land.

(1s) In determining whether a person has implied consent to

enter the land of another a trier of fact shall consider all of the circumstances

existing at the time the person entered the land,

including all of the following:

(a) Whether the owner or occupant acquiesced to previous

entries by the person or by other persons under similar circumstances.

(b) The customary use, if any, of the land by other persons.

(c) Whether the owner or occupant represented to the public

that the land may be entered for particular purposes.

(d) The general arrangement or design of any improvements

or structures on the land.

(2) 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 subsection

under either of the following procedures:

(a) 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

carry 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 paragraph 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 paragraph.

(b) 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

(3) Whoever erects on the land of another signs which are the

same as or similar to those described in sub. (2) without obtaining

the express consent of the lawful occupant of or holder of legal

title to such land is subject to a Class C forfeiture.

(3m) An owner or occupant may give express consent to enter

or remain on the land for a specified purpose or subject to specified

conditions and it is a violation of sub. (1m) (a) or (am) for a

person who received that consent to enter or remain on the land

for another purpose or contrary to the specified conditions.

(4) Nothing in this section shall prohibit a representative of a

labor union from conferring with any employee provided such

conference is conducted in the living quarters of the employee and

with the consent of the employee occupants.

(4m) This section does not apply to any of the following:

(a) A person entering the land, other than the residence or other

buildings or the curtilage of the residence or other buildings, of

another for the purpose of removing a wild animal as authorized

under s. 29.885 (2), (3) or (4).

(b) A hunter entering land that is required to be open for hunting

under s. 29.885 (4m) or 29.889 (7m).

(c) A person entering or remaining on any exposed shore area

of a stream as authorized under s. 30.134.

(5) Any authorized occupant of employer−provided housing

shall have the right to decide who may enter, confer and visit with

the occupant in the housing area the occupant occupies.

History: 1971 c. 317; 1977 c. 173, 295; 1979 c. 32; 1983 a. 418; 1987 a. 27; 1989

a. 31; 1993 a. 342, 486; 1995 a. 45, 451; 1997 a. 248; 1999 a. 9; 2003 a. 33.

The arrest of abortion protesters trespassing at a clinic did not violate their free

speech rights. State v. Horn, 139 Wis. 2d 473, 407 N.W.2d 854 (1987).

Administrative code provisions requiring hunters to make reasonable efforts to

retrieve game birds killed or injured do not exempt a person from criminal prosecution

under sub. (1) (b) [now sub. (1m) (b)] for trespassing upon posted lands to

retrieve birds shot from outside the posted area. 64 Atty. Gen. 204.