Wisconsin Disorderly Conduct and Trespass Laws (2026)

Wisconsin makes disorderly conduct a Class B misdemeanor under section 947.01 of the Wisconsin Statutes, punishable by a fine of up to $1,000, up to 90 days in jail, or both. The offense covers violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct, in a public or private place, under circumstances in which the conduct tends to cause or provoke a disturbance.

Trespass works differently from most states. Entering certain land of another without consent, or entering or staying after notice, under section 943.13 is a Class B forfeiture, a money penalty of up to $1,000 rather than a misdemeanor. Entering or staying in someone's dwelling without consent is a Class A misdemeanor under section 943.14, but only under circumstances tending to create or provoke a breach of the peace. Among the trespass sections of chapter 943, the one felony is entering energy provider property without authority and consent (section 943.143, Class H). For other states, see our guide to disorderly conduct and trespass laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Wisconsin's state statutes on disorderly conduct (section 947.01), related public-order offenses in chapter 947 and section 323.28, and trespass under sections 943.13, 943.14, 943.143, 943.145, 943.15 and 192.32. It does not cover local noise ordinances and quiet hours (see Wisconsin noise laws), the civil procedure for removing occupants (see Wisconsin squatters' rights), use of force against an intruder (see Wisconsin self-defense laws), civil trespass lawsuits, city, town and county ordinances, or federal property rules.

What counts as disorderly conduct in Wisconsin

Section 947.01(1) is a single sentence:

"Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor."

Three points follow from the text. The statute reaches private places, not only public ones. Its test is whether the conduct, in the circumstances, "tends to cause or provoke a disturbance," so the listed kinds of conduct are not enough on their own. And the subsection contains no mental-state word such as "intentionally" or "knowingly."

Unreasonably loud conduct is one of the listed forms; for quiet hours, decibel limits and loud neighbors, see our Wisconsin noise ordinance laws page.

Carrying a firearm or knife

Subsection (2) addresses lawful carry directly:

"Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading a firearm, or for carrying or going armed with a firearm or a knife, without regard to whether the firearm is loaded or the firearm or the knife is concealed or openly carried."

Speech and State v. Douglas D.

In State v. Douglas D., 2001 WI 47, 243 Wis. 2d 204, the Wisconsin Supreme Court concluded "that purely written speech, even written speech that fails to cause an actual disturbance, can constitute disorderly conduct as defined by §947.01; however, because Douglas's speech falls within the protection of the First Amendment, the State nonetheless is barred from prosecuting Douglas for disorderly conduct." The bar on prosecution applied to the speech in that case. The court said the statute "is not a blanket proscription of certain words," and that the State "still has the burden to prove" that speech charged under it "is constitutionally unprotected 'abusive' conduct."

The penalty

A Class B misdemeanor carries "a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both" under section 939.51(3)(b). Section 947.01 itself has no felony or forfeiture form. Under section 939.621, though, when disorderly conduct or another crime is also an act of domestic abuse as defined in section 968.075(1)(a), such as intentionally inflicting physical pain or a physical act that may cause reasonable fear of it, against a spouse or former spouse, an adult the person lives or lived with, or an adult with whom the person has a child in common, a domestic abuse repeater faces up to 2 more years, and the increase "changes the status of a misdemeanor to a felony." A domestic abuse repeater is a person who commits the act within 72 hours after a domestic abuse arrest, or who was convicted on 2 or more separate occasions in the prior 10 years of crimes carrying (or waiving) the domestic abuse surcharge.

Related public-order offenses

Disrupting a funeral or memorial service (947.011). During a funeral or memorial service, the 60 minutes before a scheduled start, or the 60 minutes after the service, the statute prohibits:

• engaging in conduct prohibited by section 947.01(1) within 500 feet of any entrance to the facility, with intent to disrupt the service (sub. (2)(a)1.), or without that intent (sub. (2)(c)1.);
• blocking access to the facility, intentionally (sub. (2)(a)2.) or otherwise (sub. (2)(c)2.); and
• impeding vehicles in a funeral procession, either with intent to disrupt it while knowing they are part of it (sub. (2)(b)), or in a way that violates section 947.01(1) (sub. (2)(d)).

A violation is a Class A misdemeanor. Violating sub. (2)(a) or (b) "after having been convicted of a violation of this section" is a Class I felony, punishable by a fine of up to $10,000, up to 3 years and 6 months, or both (section 939.50(3)(i)).

Unlawful assembly and failure to disperse (947.06). An unlawful assembly is "an assembly which consists of 3 or more persons and which causes such a disturbance of public order that it is reasonable to believe that the assembly will cause injury to persons or damage to property unless it is immediately dispersed." It also includes an assembly gathered to block or obstruct the lawful use of public or private thoroughfares, property, or the entrances and exits of a building or dwelling, that in fact does so. Sheriffs, deputies, constables, marshals and police officers may order the people in an unlawful assembly to disperse, and "Whoever intentionally fails or refuses to withdraw from an unlawful assembly which the person knows has been ordered to disperse is guilty of a Class A misdemeanor." On the property of a public institution of higher education, or a highway abutting it, a person who causes, attempts to cause or participates in an unlawful assembly is punishable under the same subsection if the person fails to withdraw promptly after a dispersal order, and a convicted employee or student may also, or instead, be suspended for up to 6 months (947.06(4) and (5)). Chapter 947 contains no separate riot section.

Public intoxication. Chapter 947 contains no general public-intoxication offense. Section 51.45(1) declares a state policy that "alcoholics, persons who are drug dependent, and intoxicated persons may not be subjected to criminal prosecution because of their consumption of alcohol beverages or other drugs but rather should be afforded a continuum of treatment." The narrower offense of drinking in common carriers (947.04) applies to a passenger who publicly drinks intoxicants, or gives them to another person to drink, "under circumstances tending to provoke a disturbance," outside areas where sale or drinking is authorized by law. It is a Class C misdemeanor.

Vagrancy (947.02). Wisconsin's vagrancy statute remains in the code as a Class C misdemeanor. It lists a person with the physical ability to work "who is without lawful means of support and does not seek employment"; a prostitute who loiters on the streets or where intoxicating liquors are sold, or a person who solicits another in public to commit a crime against sexual morality; and a person known to be a professional gambler or frequenter of gambling places, or who derives part of their support from begging or as a fortune teller or similar impostor.

Flag desecration intended to cause violence (947.07(2)). Damaging or destroying a flag "with the intent to cause imminent violence or a breach of the peace under circumstances in which the actor knows that his or her conduct is likely to cause violence or a breach of the peace" is a Class A misdemeanor.

Threat, false-alarm and harassment offenses. Chapter 947 also contains these offenses:

• Unlawful use of a telephone (947.012): threatening injury or harm in a call with intent to frighten, intimidate, threaten, abuse or harass, obscene or profane calls with intent to frighten, intimidate, threaten or abuse, and anonymous calls with intent to abuse or threaten are Class B misdemeanors; harassing calls, such as repeated calls or obscene calls with intent to harass or offend, are a Class B forfeiture.
• Unlawful use of computerized communication systems (947.0125): the same split for email and other electronic messages, a Class B misdemeanor for threatening, obscene or anonymous messages sent with intent to frighten, intimidate, threaten or abuse, and a Class B forfeiture for the listed messages sent with intent to harass, annoy or offend.
• Harassment (947.013): with intent to harass or intimidate, physical contact or an attempt or threat of it, or a course of conduct serving no legitimate purpose, is a Class B forfeiture. It is a Class A misdemeanor when accompanied by a credible threat placing the victim in reasonable fear of death or great bodily harm and committed while the actor is under a restraining order or injunction, and a Class I or Class H felony in the listed repeat and record-access forms.
• Swatting (947.014): knowingly conveying false information that an emergency exists is a Class I felony if it elicits, or could elicit, a response from a specialized tactical team; a Class H felony if bodily harm results and a Class E felony (up to 15 years and $50,000) if great bodily harm results.
• Bomb scares (947.015): intentionally conveying a threat or false information, knowing it is false, about an attempt to destroy property with explosives is a Class I felony (up to 3 years and 6 months and $10,000).
• Threatening to cause bodily harm (947.016): threatening bodily harm to a current or former judge, prosecutor, law enforcement officer, attorney, witness, juror and other listed persons involved with a court or legal system, a probation, parole or community supervision agent, a health care provider or health care facility worker, or a Department of Revenue, Safety and Professional Services or Workforce Development official, employee or agent, or a family member of one, under the conditions the section lists, is a Class H felony (up to 6 years and $10,000).
• Threats to release chemical, biological or radioactive substances (947.017): knowingly falsely threatening to release a harmful substance, when the threat induces a reasonable expectation or fear that it will be released, is a Class I felony.
• Terrorist threats (947.019): threatening death, bodily harm or property damage with intent to prevent the occupation of or cause the evacuation of a building, dwelling, school premises, vehicle, public transportation facility or place of public assembly, to cause public inconvenience or panic, or to interrupt government operations, transportation or a public service, or while aware of an unreasonable and substantial risk of those results, is a Class I felony; it is a Class G felony (up to 10 years and $25,000) if the violation contributes to a death.

Emergency orders. Intentionally failing to comply with an order of a state or local official engaged in emergency management activities under chapter 323 is a forfeiture of up to $200 (323.28).

Trespass in Wisconsin

Subchapter II of chapter 943 has five separate trespass sections with no numbered degrees. They differ sharply in seriousness: land trespass is a forfeiture, dwelling and medical-facility trespass require breach-of-the-peace circumstances, locked buildings and construction sites are a misdemeanor without that element, and energy provider property is a felony.

Notice: being told to leave, signs and markings

Several forms of land trespass turn on notice. Under section 943.13(2)(am), a person has received notice from the owner, operator or occupant "if he or she has been notified personally, either orally or in writing, or if the land is posted." Land is posted in either of two ways:

1. A sign "at least 11 inches square" placed "in at least 2 conspicuous places for every 40 acres to be protected," giving an appropriate notice and the name of the person giving it, followed by the word "owner" (if that person holds legal title) or "occupant" (if a lawful occupant).
2. "Markings at least one foot long, including in a contrasting color the phrase 'private land' and the name of the owner," made "in at least 2 conspicuous places for every 40 acres to be protected."

The marking option does not name a color, and sections 943.13 to 943.15 contain no purple paint provision. Putting up such signs on another person's land without the express consent of the lawful occupant or titleholder is a Class C forfeiture, up to $500 (943.13(3)).

Trespass to land: a forfeiture

Section 943.13(1m) makes a person "subject to a Class B forfeiture," up to $1,000 under section 939.52(3)(b), who:

• enters "any enclosed, cultivated or undeveloped land of another," other than open land covered elsewhere in the section, without the owner's or occupant's express or implied consent (par. (a));
• enters land occupied by a structure used for agricultural purposes without that consent (par. (am));
• "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" (par. (b));
• enters or remains, after notice, on open land that is an inholding of another, or on undeveloped private land entered from abutting government land (pars. (e) and (f)); or
• enters or remains on the premises of a licensed campground after notice, or after being told the owner or operator has withdrawn consent (par. (g), added by 2025 Wisconsin Act 29).

A forfeiture is a money penalty, not a jail sentence. Paragraph (b) also has a firearm carve-out: it "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"; separate paragraphs and sign rules govern firearm restrictions.

In deciding whether a person had implied consent, section 943.13(1s) directs the trier of fact to consider all the circumstances, including whether the owner acquiesced to previous entries under similar circumstances, the customary use of the land by others, whether the owner represented to the public that the land may be entered for particular purposes, and the general arrangement of improvements or structures. Section 943.13(4m) lists situations the section does not apply to, including a person removing a wild animal as authorized under section 29.885, a hunter entering land required to be open for hunting under section 29.885(4m) or 29.889(7m), a person on an exposed shore area of a stream under section 30.134, and an assessor making an assessment under the listed conditions.

Criminal trespass to a dwelling

Under section 943.14, "Whoever intentionally enters or remains in the dwelling of another without the consent of some person lawfully upon the premises or, if no person is lawfully upon the premises, without the consent of the owner of the property that includes the dwelling, under circumstances tending to create or provoke a breach of the peace, is guilty of a Class A misdemeanor." A dwelling is a structure or part of one used or intended to be used as a home "regardless of whether the dwelling is currently occupied by a resident." A Class A misdemeanor carries a fine of up to $10,000, up to 9 months, or both (939.51(3)(a)).

Sections 943.14 and 943.15 are the trespass provisions that name dwellings; for the civil side of removing occupants, see Wisconsin squatters' rights. For the use of force against an intruder, see Wisconsin self-defense laws.

Locked buildings, construction sites and medical facilities

• Locked building, dwelling or room, or construction site (943.15). "Whoever enters the locked or posted construction site or the locked and enclosed building, dwelling or room of another without the consent of the owner or person in lawful possession of the premises is guilty of a Class A misdemeanor." This section has no breach-of-the-peace element.
• Medical facility (943.145). Intentionally entering a hospital, or a clinic or office used by a licensed physician, "without the consent of some person lawfully upon the premises, under circumstances tending to create or provoke a breach of the peace," is a Class B misdemeanor.

Energy provider property: the trespass felony

Section 943.143(2) provides: "Whoever intentionally enters an energy provider property without lawful authority and without the consent of the energy provider that owns, leases, or operates the property is guilty of a Class H felony." A Class H felony carries a fine of up to $10,000, up to 6 years, or both (939.50(3)(h)). Unlike land trespass, this section requires no notice or posting.

"Energy provider property" means "property that is part of an electric, natural gas, oil, petroleum, refined petroleum product, renewable fuel, water, or chemical generation, transmission, or distribution system and that is owned, leased, or operated by an energy provider," a term the section defines to include listed public utilities, transmission companies, cooperatives, wholesale merchant plants, decommissioned nuclear plants and certain fuel, water and chemical system operators, but not retail gas stations. Section 943.143(3) provides that the section does not apply to a person monitoring compliance with public or worker safety laws, wage and hour requirements or other statutory requirements, to otherwise lawful picketing at the workplace arising out of a bona fide labor dispute, to otherwise lawful union organizing or recruitment, or to "an exercise of a person's right of free speech or assembly that is otherwise lawful."

Railroads and licensed hunting land

• Railroad tracks. Under section 192.32, no person other than those the statute exempts may walk, loiter or be upon or along a railroad track. Section 192.55(6) sets the penalty: "Any person violating s. 192.32 shall forfeit not less than $100 nor more than $200."
• Land licensed under chapter 169. A person who hunts, traps, kills or takes a regulated wild animal on licensed land without the license holder's permission "is liable to the license holder for any damage" caused (169.40). That is civil liability, not a criminal penalty.

Trespass versus burglary

Burglary under section 943.10(1m) requires intentionally entering a building, dwelling or other listed place "without the consent of the person in lawful possession and with intent to steal or commit a felony" (or certain other listed violations). It is a Class F felony, punishable by a fine of up to $25,000, up to 12 years and 6 months, or both. A misdemeanor trespass that is also an act of domestic abuse can also become a felony under the domestic abuse repeater rule in section 939.621, described in the disorderly conduct section.

Wisconsin disorderly conduct and trespass penalties

The misdemeanor ranges come from section 939.51(3), the forfeiture amounts from section 939.52(3) and the felony ranges from section 939.50(3) (Class E up to 15 years and $50,000; Class G up to 10 years and $25,000). For Wisconsin's full class table, see Wisconsin felony classes and misdemeanor penalties.

Recent changes

• 2025 Wisconsin Act 29 (2025 Senate Bill 235, published August 9, 2025, effective August 10, 2025) created section 943.13(1m)(g) on remaining at a licensed campground after notice or after consent is withdrawn, and amended section 943.13(2)(am) so the notice rules apply to it. The penalty is the Class B forfeiture in section 943.13(1m). The same act created section 704.96, which provides that the landlord-tenant chapter does not apply to an occupant or guest of a licensed campground or camping resort.
• 2025 Wisconsin Act 44 (published November 1, 2025, effective November 2, 2025) expanded burglary under section 943.10(1m) to entering a building, dwelling or other listed place without consent with intent to commit battery (section 940.60(1)) or battery to an unborn child (section 940.65(1)), not only with intent to steal or commit a felony.
• Section 947.016, threatening to cause bodily harm to the listed court, supervision, health care and agency personnel and their families, comes from 2025 Wisconsin Acts 24, 26 and 197; it is a Class H felony.

Federal law separately governs conduct on federal property and at the U.S. Capitol; see the disorderly conduct and trespass laws by state hub.

Related pages

• Disorderly conduct and trespass laws by state
• Wisconsin noise ordinance laws
• Wisconsin felony classes and misdemeanor penalties
• Wisconsin squatters' rights
• Wisconsin self-defense laws

This article provides general legal information about Wisconsin's disorderly conduct, public-order and trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Wisconsin.

Last updated: 2026-10-18.

Frequently Asked Questions

What is disorderly conduct in Wisconsin?

Under Wis. Stat. 947.01(1), it is engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct, in a public or private place, under circumstances in which the conduct tends to cause or provoke a disturbance.

Is disorderly conduct a misdemeanor in Wisconsin?

Yes. It is a Class B misdemeanor, punishable by a fine of up to $1,000, up to 90 days, or both (939.51(3)(b)). Disrupting a funeral under 947.011 is a Class A misdemeanor, or a Class I felony for a repeat violation of sub. (2)(a) or (b) after a conviction. Disorderly conduct that is also an act of domestic abuse, such as intentionally inflicting physical pain or a physical act that may cause reasonable fear of it, against a spouse or former spouse, an adult the person lives or lived with, or an adult with whom the person has a child in common, can become a felony, with up to 2 more years, when the person is a domestic abuse repeater: someone who commits the act within 72 hours after a domestic abuse arrest, or who was convicted on 2 or more separate occasions in the prior 10 years of crimes for which the domestic abuse surcharge was imposed or waived (939.621).

Can you get disorderly conduct for swearing in Wisconsin?

Profane and abusive conduct are listed in 947.01(1), but only under circumstances in which the conduct tends to cause or provoke a disturbance. In State v. Douglas D. (2001), the Wisconsin Supreme Court held the State could not prosecute the written speech in that case because the First Amendment protected it. The court said the statute is not a blanket proscription of certain words, and when a charge rests on speech the State must prove the speech is constitutionally unprotected.

Is open carry disorderly conduct in Wisconsin?

Section 947.01(2) says that, unless other facts and circumstances indicate criminal or malicious intent, a person may not be charged under the section for loading a firearm or carrying a firearm or knife, loaded or not, concealed or openly.

Is public intoxication illegal in Wisconsin?

Chapter 947 has no general public-intoxication offense, and section 51.45(1) states a policy that intoxicated persons may not be criminally prosecuted because of their consumption of alcohol or other drugs. Drinking publicly as a passenger in a common carrier in circumstances tending to provoke a disturbance is a Class C misdemeanor (947.04).

Is trespassing a crime in Wisconsin?

Trespass to land under 943.13 is a Class B forfeiture of up to $1,000, not a misdemeanor. Trespass to a dwelling in circumstances tending to provoke a breach of the peace (943.14) and entering a locked building or posted construction site (943.15) are Class A misdemeanors.

Is trespassing a felony in Wisconsin?

Among the trespass sections of chapter 943, the one felony is entering energy provider property without lawful authority and the provider's consent, a Class H felony with up to 6 years and $10,000 (943.143). Entering a building or dwelling without consent with intent to steal or commit a felony is burglary, a Class F felony. A misdemeanor trespass that is also an act of domestic abuse, such as intentionally inflicting physical pain or a physical act that may cause reasonable fear of it, against a spouse or former spouse, an adult the person lives or lived with, or an adult with whom the person has a child in common, can become a felony, with up to 2 more years, when the person is a domestic abuse repeater: someone who commits the act within 72 hours after a domestic abuse arrest, or who was convicted on 2 or more separate occasions in the prior 10 years of crimes for which the domestic abuse surcharge was imposed or waived (939.621).

Does Wisconsin have a purple paint law?

No. Under 943.13(2)(am), land is posted with signs at least 11 inches square naming the owner or occupant, or markings at least one foot long that include private land and the owner's name in a contrasting color, in at least 2 conspicuous places per 40 acres. No color is specified.

What happens if an owner tells you to leave in Wisconsin?

Entering or remaining on another's land after being notified, orally or in writing, by the owner or occupant not to is a Class B forfeiture under 943.13(1m)(b). Remaining in a dwelling without consent in circumstances tending to provoke a breach of the peace is a Class A misdemeanor (943.14).