Wisconsin Theft Laws: Felony Threshold, Retail Theft and Penalties (2026)

In Wisconsin, theft becomes a felony when the value of the property "exceeds $2,500," the start of the Class I felony tier under Wis. Stat. 943.20(3)(bf); at $2,500 or less it is a Class A misdemeanor. Shoplifting has its own statute with a much lower line: retail theft is a Class I felony once the value of the merchandise "exceeds $500" (Wis. Stat. 943.50(4)(bf)). Since 2025 Wisconsin Act 106, a prior theft or retail theft conviction can also turn a misdemeanor into a felony. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Wisconsin's theft statute (Wis. Stat. 943.20), the retail theft statute (943.50) and its civil remedy (943.51), related offenses in Chapter 943, the general civil action for crime losses (895.446), the penalty classes in 939.50 and 939.51 and the repeater enhancer in 939.62. It does not cover federal theft offenses, local ordinances, robbery, burglary, or identity theft and fraud schemes, which have their own pages linked below.

How Wisconsin defines theft

Wisconsin puts several forms of stealing in one section. Under Wis. Stat. 943.20(1), a person may be penalized for theft who:

• "Intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property" (paragraph (a));
• having custody of another's money or negotiable instruments by virtue of an office, business, employment, or as trustee or bailee, intentionally uses, transfers, conceals or retains them without consent, "contrary to his or her authority, and with intent to convert" them (paragraph (b), the embezzlement form);
• takes property out of the possession of a pledgee or other person with a superior right of possession (paragraph (c));
• "Obtains title to property of another person by intentionally deceiving the person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made" (paragraph (d)); or
• "Intentionally fails to return any personal property which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement after the lease or rental agreement has expired" (paragraph (e)). This does not apply to a person who returns the property, other than a motor vehicle, within 10 days after the lease expires.

"Movable property" is "property whose physical location can be changed, without limitation including electricity and gas, documents which represent or embody intangible rights, and things growing on, affixed to or found in land" (943.20(2)(ag)).

Wisconsin does not use the terms "petty theft" or "grand theft." The statute grades theft as a Class A misdemeanor or as a Class I, H, G or F felony.

How value is measured

For the theft section, "value" means "the market value at the time of the theft or the cost to the victim of replacing the property within a reasonable time after the theft, whichever is less" (943.20(2)(d)). If the thief "gave consideration for, or had a legal interest in, the stolen property," that amount is deducted. For stolen scrap metal or plastic bulk merchandise containers, value also includes the cost of repairing or replacing property damaged in the theft.

What is the felony theft threshold in Wisconsin?

Under Wis. Stat. 943.20(3), theft is "(a) If the value of the property does not exceed $2,500, ... a Class A misdemeanor" and "(bf) If the value of the property exceeds $2,500 but does not exceed $5,000, ... a Class I felony." Property worth exactly $2,500 is a misdemeanor; one cent more is a felony.

Wisconsin theft grading table

The felony maximums come from Wis. Stat. 939.50(3)(f) to (i) and the misdemeanor maximum from 939.51(3)(a). A felony theft charged with a prior conviction may move up one class under 943.20(3g) or 943.50(4g), which raises these maximums to the next class. Separately, the habitual criminality statute, Wis. Stat. 939.62, lets the maximum prison term be increased when "the actor was convicted of a felony during the 5-year period immediately preceding the commission of the crime for which the actor presently is being sentenced, or if the actor was convicted of a misdemeanor on 3 separate occasions during that same period." A maximum of one year or less (such as a Class A misdemeanor's 9 months) "may be increased to not more than 2 years"; a maximum of more than one year but not more than 10 years (Classes I, H and G) may be increased by up to 2 years for prior misdemeanors or up to 4 years for a prior felony; and a maximum of more than 10 years (Class F) by up to 2 or 6 years (939.62(1)). These are the maximums the statutes allow, not a prediction of the sentence in any case.

Thefts that are felonies regardless of value

Under 943.20(3)(d), theft is a Class H felony at any value if:

• "The property is a domestic animal."
• "The property is taken from a building which has been destroyed or left unoccupied because of physical disaster, riot, bombing or the proximity of battle," or is taken after such an event "has necessitated its removal from a building."
• "The property is a firearm."
• "The property is taken from a patient or resident of a facility or program under s. 940.295 (2) or from an individual at risk." An "individual at risk" means an elder adult at risk or an adult at risk (943.20(2)(ae)).

Under 943.20(3)(e), "If the property is taken from the person of another or from a corpse," the theft is a Class G felony.

Prior convictions (2025 Wisconsin Act 106)

Wis. Stat. 943.20(3g), created by 2025 Wisconsin Act 106, reads: "A person who is charged with a misdemeanor under sub. (3) (a) may be charged with and convicted of a Class I felony if the person has one or more prior convictions for a violation under sub. (3) (a) to (cm) or s. 943.50 (4) (a) to (c). A person who is charged with a felony under sub. (3) (bf) to (cm) may be charged with and convicted of a felony that is one classification higher than the felony classification provided in sub. (3) if the person has one or more prior convictions for a violation under sub. (3) (a) to (cm) or s. 943.50 (4) (a) to (c)."

Retail theft has a matching rule in 943.50(4g), and each section counts prior convictions under the other.

Adding thefts together

Wisconsin already allowed several thefts to be prosecuted as a single crime when "The property belonged to the same owner and the thefts were committed pursuant to a single intent and design or in execution of a single deceptive scheme," when the property "belonged to the same owner and was stolen by a person in possession of it," when it "belonged to more than one owner and was stolen from the same place pursuant to a single intent and design," or when mail was stolen during a course of conduct (Wis. Stat. 971.36(3)). Act 106 added a broader rule based on a course of conduct: "For purposes of charging and penalty determinations under sub. (3) (a) to (cm), the value of property from multiple violations committed in the same prosecutorial unit by the same person during a course of conduct, as defined in s. 947.013 (1) (a), may be aggregated" (943.20(5)). The same rule applies to retail theft (943.50(6)), and under Wis. Stat. 971.36(5), as created by the act, "In any case involving aggregated acts under s. 943.20 (5) or 943.50 (6), notwithstanding sub. (3), the acts may be prosecuted as a single crime."

Is shoplifting a felony in Wisconsin?

Wisconsin has a separate retail theft statute, Wis. Stat. 943.50 ("Retail theft; theft of services"). It applies when a person does any of the following "without the merchant's consent and with intent to deprive the merchant permanently of possession or the full purchase price of the merchandise or property":

• intentionally alters the price or value markings on merchandise;
• intentionally takes and carries away, transfers, conceals or retains possession of merchandise;
• "While anywhere in the merchant's store, intentionally removes a theft detection device from merchandise";
• uses, or possesses with intent to use, a "theft detection shielding device" (a laminated or coated bag or device designed to defeat an electronic or magnetic theft alarm); or
• uses, or possesses with intent to use, a theft detection device remover.

The same section covers theft of services: a person who, having obtained a service from a service provider, "absconds and intentionally fails or refuses to pay for the service" with intent to deprive the provider of the full price (943.50(1r)).

Retail theft is graded by the store's price

For merchandise held for resale, "value of merchandise" means "the merchant's stated price of the merchandise," or, where a price marking was altered or a register made to show less, "the difference between the merchant's stated price of the merchandise and the altered price" (943.50(1)(b)2.). That differs from the general theft rule, which uses the lesser of market value or replacement cost.

The felony line for retail theft is lower than for general theft: a Class A misdemeanor "if the value of the merchandise does not exceed $500," and "A Class I felony, if the value of the merchandise exceeds $500 but does not exceed $5,000" (943.50(4)). The statute sets no separate grade for a first offense.

Shoplifting to resell online

Under 943.50(4m), taking, concealing, altering price markings or removing a theft detection device is "a Class I felony if all of the following apply: (a) The value of the merchandise does not exceed $500. (b) The person agrees or combines with another to commit the violation. (c) The person intends to sell the merchandise by means of the Internet." Evidence that the person sold similar merchandise online "within 90 days before the violation, is prima facie evidence of the person's intent to sell the merchandise by means of the Internet" (943.50(3m)(am)).

Chapter 943 contains no offense titled organized retail theft; the internet-resale rule, the repeat-offense rule and aggregation are its closest counterparts in the retail theft section.

Store detention

Under 943.50(3), a merchant or service provider, an adult employee or a security agent "who has reasonable cause for believing that a person has violated this section in his or her presence may detain, within or at the merchant's or service provider's place of business where the suspected violation took place, the person in a reasonable manner for a reasonable length of time to deliver the person to a peace officer, or to his or her parent or guardian in the case of a minor." The same subsection sets limits:

• "The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls."
• The person "shall not be interrogated or searched against his or her will before the arrival of a peace officer."
• The merchant may release the person before an officer or parent arrives, and anyone who "acts in good faith in any act authorized under this section is immune from civil or criminal liability for those acts."

A court may also order a person convicted of retail theft to pay restitution under s. 973.20 (943.50(5)(a)).

Can a store demand money after shoplifting in Wisconsin?

Two Wisconsin statutes let a store recover money in a civil case.

The retail theft civil action, Wis. Stat. 943.51. A business injured by a violation of 943.50 may sue for:

• "The retail value of the merchandise unless it is returned undamaged and unused," but only if the store "exercises due diligence in demanding the return of the merchandise immediately after he or she discovers the loss and the identity of the person who has the merchandise";
• "Any actual damages not covered under par. (a)";
• "exemplary damages of not more than 3 times the amount under sub. (1)," or not more than 2 times if the action is against a minor or the custodial parent; and
• "all actual costs of the action, including reasonable attorney fees."

The caps matter: "the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $500 for each violation" (943.51(3)), or $300 per violation in an action against a minor or the custodial parent (943.51(3m)). Any recovery is reduced by restitution paid for the same act (943.51(3r)). The store must prove the violation by a preponderance of the evidence, and "A conviction under s. 943.50 is not a condition precedent to bringing an action, obtaining a judgment or collecting that judgment under this section" (943.51(4)). Under 943.51(5), a person "is not criminally liable under s. 943.30 [threats to injure or accuse of crime] for any civil action brought in good faith under this section." For parents, Wis. Stat. 895.035(4) provides that "The maximum recovery from any parent or parents for retail theft by their minor child is established under s. 943.51."

The general civil action for crime losses, Wis. Stat. 895.446. Any person "who suffers damage or loss by reason of intentional conduct" prohibited by a list of statutes that includes 943.20 (theft), 943.34 (receiving stolen property) and 943.50 (retail theft) has a cause of action against the person who caused it (895.446(1)). A prevailing plaintiff may recover actual damages, "including the retail or replacement value of damaged, used, or lost property, whichever is greater"; "All costs of investigation and litigation that were reasonably incurred, including the value of the time spent by any employee or agent of the victim"; and "Exemplary damages of not more than 3 times the amount awarded under par. (a)" (895.446(3)). Under this section, "A conviction under s. 943.01, ... 943.20, ... 943.50, ... is not required to bring an action, obtain a judgment, or collect on that judgment."

A store cannot sue under both statutes for the same incident; it "may choose which action to bring" (895.446(5)), and the $500 cap in 943.51(3) applies to an action under 943.51. These statutes set what a store can recover in a lawsuit. Whether a particular demand letter matches them is a question for a lawyer licensed in Wisconsin.

Recent changes to Wisconsin theft law

2025 Wisconsin Act 106 (2025 Assembly Bill 89) shows a date of enactment of March 20, 2026 and a date of publication of March 21, 2026. The act prescribes no effective date, so it took effect March 22, 2026, the day after publication (Wis. Stat. 991.11). It created:

• 943.20(3g) and 943.50(4g), the prior-conviction enhancements;
• 943.20(5) and 943.50(6), aggregation of values from a course of conduct; and
• 971.36(5), allowing aggregated acts to be prosecuted as a single crime.

The act states: "This act first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other convictions of s. 943.20 (3) (a) to (cm) or 943.50 (4) (a) to (c) as prior convictions for purposes of sentencing a person." The act did not change the dollar tiers in 943.20(3) or 943.50(4).

Other theft offenses with their own grades

Chapter 943 contains these offenses graded apart from the general theft tiers:

For theft from a financial institution, a person "convicted of committing 3 or more financial crimes in an 18-month period" may face a longer maximum prison term for the 3rd or later crime (Wis. Stat. 943.92).

For the two noncommercial vehicle offenses in 943.23(2) and (3), it is an affirmative defense "if the defendant abandoned the vehicle without damage within 24 hours after the vehicle was taken from the possession of the owner," which "mitigates the offense to a Class A misdemeanor"; the defendant must prove it by a preponderance of the evidence.

Related legal issues

Theft by false representation is part of 943.20, but broader fraud schemes and how to report them are covered in our guide to Wisconsin scam and fraud laws. Misusing another person's identifying information is a separate offense under 943.201, covered in Wisconsin identity theft laws. For clearing a theft record, see Wisconsin expungement laws, and for filing deadlines see the Wisconsin statute of limitations guide. Federal theft offenses are covered on our theft laws hub.

Related

• Theft laws by state
• Wisconsin scam and fraud laws
• Wisconsin identity theft laws
• Wisconsin expungement laws
• Wisconsin statute of limitations

This article provides general legal information about Wisconsin theft and retail theft statutes as of October 13, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Wisconsin.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft threshold in Wisconsin?

General theft becomes a Class I felony when the value exceeds $2,500 (Wis. Stat. 943.20(3)(bf)). Retail theft becomes a Class I felony when the merchandise value exceeds $500 (Wis. Stat. 943.50(4)(bf)).

Is stealing $2,500 a felony in Wisconsin?

Not under the general theft statute. Theft is a Class A misdemeanor if the value does not exceed $2,500, so the felony tier starts above $2,500 (Wis. Stat. 943.20(3)(a), (bf)). A prior theft or retail theft conviction can change that under 943.20(3g).

Is shoplifting a felony in Wisconsin?

Retail theft is a Class I felony if the merchandise value exceeds $500, a Class H felony above $5,000 and a Class G felony above $10,000 (Wis. Stat. 943.50(4)). At $500 or less it is a Class A misdemeanor unless the internet-resale rule or a prior conviction applies.

What is the penalty for misdemeanor theft in Wisconsin?

A Class A misdemeanor is punishable by a fine of up to $10,000, up to 9 months of imprisonment, or both (Wis. Stat. 939.51(3)(a)). For a repeater under Wis. Stat. 939.62, the prison maximum may be increased to not more than 2 years.

Is a second theft a felony in Wisconsin?

Under 2025 Wisconsin Act 106, a person charged with misdemeanor theft or retail theft who has one or more prior theft or retail theft convictions may be charged with and convicted of a Class I felony (Wis. Stat. 943.20(3g), 943.50(4g)).

Is stealing a gun a felony in Wisconsin?

Yes. Theft of a firearm is a Class H felony regardless of value (Wis. Stat. 943.20(3)(d)5.), punishable by up to 6 years, a $10,000 fine, or both (Wis. Stat. 939.50(3)(h)).

Can a Wisconsin store hold a suspected shoplifter?

A merchant, adult employee or security agent with reasonable cause may detain the person at the store in a reasonable manner for a reasonable time to deliver them to a peace officer or, for a minor, a parent or guardian, but may not interrogate or search them against their will before police arrive (Wis. Stat. 943.50(3)).

Can a store sue me for shoplifting in Wisconsin without a conviction?

Yes. Wis. Stat. 943.51(4) says a retail theft conviction is not a condition precedent to the civil action, and 943.51(3) caps exemplary damages plus attorney fees at $500 per violation in an action under that section. A store may instead sue under Wis. Stat. 895.446, which has no such cap, but not under both for the same incident (895.446(5)). A lawyer licensed in Wisconsin can advise on a specific demand.