Wisconsin Misdemeanor and Felony Theft Laws

Wisconsin's theft statute covers a broad range of prohibited conduct, including offenses commonly referred to as larceny, embezzlement, and theft by false pretenses. In this article, we'll review the definition of, and penalties for, theft and retail theft (shoplifting).

How Wisconsin Law Defines Theft Crimes

Under Wisconsin law, theft occurs when a person does any of the following:

• commits larceny by intentionally and unlawfully taking another's property with the intent of permanently depriving the owner of their property (such as stealing someone's watch, money, bike, or car)
• embezzles by unlawfully converting another's property to their own use without the owner's consent, or
• swindles a person out of their property or money through false pretenses.

Theft is a crime against property. The definition of property includes more than just personal property and money. It also includes real property, utilities (like electricity and gas), documents, ownership rights (such as in a business), and other intangible rights. (Wis. Stat. § 943.20 (2024).)

What Are the Penalties for Theft Crimes in Wisconsin?

Like many states, Wisconsin classifies its theft offenses according to the value of the property or services stolen—and, in some cases, according to the type of property involved in the theft.

Penalties range from a class A misdemeanor to a class F felony. In addition to fines and possible imprisonment, a judge can order an offender to pay restitution to the victim (for losses resulting from theft).

Class A Misdemeanor Theft

• Theft is a class A misdemeanor if the value of the property or services stolen does not exceed $2,500.
• The punishment for a class A misdemeanor can include up to 9 months of jail time, a $10,000 fine, or both.

Class I Felony Theft

• Theft is a class I felony if the value of the property or services stolen is greater than $2,500 but less than $5,000.
• The punishment for a class I felony includes a maximum $10,000 fine, 3½ years of prison time, or both.

Class H Felony Theft

• Theft is a class H felony if the value of the property or services stolen is more than $5,000 but less than $10,000 or the stolen property is a firearm or domestic animal.
• Stealing any amount of property from an at-risk individual or while looting a building is also a class H felony.
• The maximum punishment for a class H felony is a 6-year prison sentence, $10,000 fine, or both.

Class G Felony Theft

• Theft is a class G felony if the value of the property or services stolen is greater than $10,000 but less than $100,000.
• The punishment for a class G felony is a maximum 10-year prison sentence, a $25,000, or both.

Class F Felony Theft

• Theft is a class F felony if the value of the property or services stolen exceeds $100,000.
• The punishment for a class F felony includes a maximum $25,000 fine, 12½ years in prison, or both.

Repeat Theft Charges in Wisconsin

Wisconsin has a habitual offender law that imposes harsher penalties for certain repeat offenders. The exact enhancement depends on the current and prior offense levels.

(Wis. Stat. §§ 939.50, 939.51, 939.62, 943.20 (2024).)

What Are the Penalties for Retail Theft (Shoplifting) in Wisconsin?

Retail theft or shoplifting carries both criminal and civil penalties. Like most states, Wisconsin's law allows for a criminal prosecution (brought by a government prosecutor) and a civil lawsuit (brought by the victim, here the merchant).

What Is Retail Theft?

A person commits a retail theft by intentionally doing any of the following acts without the merchant's consent and with intent to permanently deprive the merchant of the merchandise or its full retail value:

• alters the price or value of merchandise
• takes and carries away merchandise
• retains possession of, transfers, or conceals merchandise, or
• removes a theft detection device from merchandise (while inside the store).

It's also considered retail theft to use or possess a theft detection shielding device or device remover to avoid setting off an alarm.

Under these provisions, a person commits retail theft even if they don't make it out of the store with the merchandise. It's enough to hide merchandise under a coat or in a bag intending to steal it. Switching price tags or containers to get a lower price on an item also constitutes retail theft.

Criminal Penalties for Retail Theft

The penalties for retail theft are based on the value of the merchandise involved. In addition, the judge can direct the offender to pay restitution to the merchant. (Restitution compensates a crime victim for their losses.) You can find the penalty ranges above.

• Class A misdemeanor: Value of merchandise is $500 or less
• Class I felony: Value of merchandise is $501 to $5,000
• Class H felony: Value of merchandise is $5,001 to $10,000
• Class G felony: Value of merchandise is over $10,000

A class A misdemeanor increases to a class H felony when two or more people conspire to commit a retail theft scheme involving reselling stolen merchandise online.

(Wis. Stat. § 943.50 (2024).)

Civil Penalties for Retail Theft

In addition to any criminal penalties, a person who commits retail theft (or the parent or legal guardian of a minor who commits retail theft) may be civilly liable to the merchant for:

• the retail value of the merchandise (unless returned undamaged), plus any other actual damages caused by the shoplifter
• punitive damages (a civil penalty) equal to three times the total amount of the retail value of the merchandise (two times the retail value for a juvenile offender), and
• the merchant's costs associated with bringing the civil action, including reimbursement of reasonable attorneys' fees.

The total amount awarded for punitive damages and attorneys' fees cannot exceed $500 for each retail theft violation. (The combined amount caps out at $300 for a juvenile offender.)

(Wis. Stat. § 943.51 (2024).)

Contacting a Criminal Defense Attorney

If you were arrested for or charged with a theft crime, contact a Wisconsin criminal defense attorney. Even a minor theft offense can have permanent negative consequences, so it's important to bring an attorney on board as soon as possible. Be sure to ask your attorney about the effects a conviction may have on current or future employment, ability to obtain housing, and even immigration status. An experienced attorney will know the law, possible defenses, and both the short- and long-term consequences of your situation.