They are all low level misdeamenors. Just be smart about not leaving any evidence. The cops are not going to spend alot of time on investigating something like that, with all the major violent crimes out there.
2007-09-30 09:51:11
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answer #1
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answered by Anonymous
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Well you can definitely get trespassing, criminal mischief and vandalism are iffy, it depends on the statute.
If you stated what state you are from the punishment and the requirements to prove the crime could be narrowed down. There are 52 major jurisdictions out there (50 states, puerto rico and DC).
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Wisconsin does not use the terms "criminal mischief" or "vandalism" in its criminal code. It instead uses "disorderly conduct" and "damage to property".
However, you may be charged under a local ordinance rather than through the state.
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W.S.A. 943.13
West's Wisconsin Statutes Annotated
Crimes (Ch. 938 to 951)
Tresspass to Land
(1m) Whoever does any of the following is subject to a Class B forfeiture:
(a) Enters any enclosed, cultivated or undeveloped land of another...without the express or implied consent of the owner or occupant.
W.S.A. 943.01
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West's Wisconsin Statutes Annotated
Crimes (Ch. 938 to 951)
Chapter 943. Crimes Against Property
Subchapter I. Damage
943.01. Damage to property
(1) Whoever intentionally causes damage to any physical property of another without the person's consent is guilty of a Class A misdemeanor.
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W.S.A. 947.01
West's Wisconsin Statutes Annotated
Crimes (Ch. 938 to 951)
Chapter 947. Crimes Against Public Peace, Order and Other Interests
947.01. Disorderly conduct
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.
"Disorderly conduct statute does not proscribe all conduct which tends to annoy other persons, but rather, that which reasonably offends the sense of decency or propriety of community." State v. Vinje (App. 1996) 548 N.W.2d 118, 201 Wis.2d 98
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W.S.A. 939.52
West's Wisconsin Statutes Annotated
Crimes (Ch. 938 to 951)
Chapter 939. Crimes--General Provisions
Subchapter IV. Penalties
939.52. Classification of forfeitures
(3) Penalties for forfeitures are as follows:
(b) For a Class B forfeiture, a forfeiture not to exceed $1,000.
939.51. Classification of misdemeanors
(1) Misdemeanors in chs. 939 to 951 are classified as follows
(a) For a Class A misdemeanor, a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
(b) For a Class B misdemeanor, a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.
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Obviously, the maximum punishment doesn't fit the crime. TPing doesn't really meet the criteria of "damage to property" and seems to be more of an annoyance than the disruption necessary for disorderly conduct. "Annoyance and discomfort" are not chargeable under this offense according to the WI Supreme Court. The judge has some leg room in setting the fine for trespass, however.
I wonder if it was the police who decided that you were trespassing rather than the property owner.
There is a concept in law known as the "de minimis infraction". It is a criminal infraction that is so minor that it is not worth the state's time to prosecute.
Your jurisdiction may have an interest in prosecuting you. Because you have not been convicted, there is still time to negotiate. A judge may be willing to accept a sentence thought up by you. Because trespass is an injury to a private individual, he may accept a private penalty, such as washing the TPed vehicle for a number of weeks, or mowing the lawn of the property, or shoveling the snow out of the driveway. You may even be able to work it out without actually appearing before a judge by talking to the property owner and police. Offering a sincere appology and volunteering to do chores. Your sincerity, charm, and goodlooks can be used to great effect in the negotiation. Taking a gorgeous sister/friend along with you can make it easier in negotiating the chore of raking the leaves of the tree you "decorated" whilst escaping criminal prosecution (cough: experience).
Normally, fast talking works best at the time of the offense or speeding ticket. You can negotiate up until the time the judge bangs the gavel, and in some cases even afterwards.
2007-09-30 08:10:10
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answer #2
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answered by Discipulo legis, quis cogitat? 6
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All 3 are proper. It depends on the person preferring the charges. Anything from being held accountable for clean-up to a fine.
2007-09-30 08:11:05
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answer #3
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answered by sensible_man 7
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ok- placed on all black and be very very quiet...they secret's to no longer get caught...bypass away your motor vehicle doorways open with the keys interior the ignition, at in case you notice any indications of existence coming form the domicile, you extra appropriate scram!! you will desire to be caught for criminal trespass and destruction of yet another sources....yet likely if the vendors are cool, the worst the police might do is make you return returned right here day and sparkling it up! bypass have some exciting!
2016-12-28 07:52:08
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answer #4
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answered by Anonymous
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kids will be kids!!
if you get in any trouble besides a pissed homeowner then move out of that town!! there isnt anything more fun than a good TP job on anybodies house..
GO, BABY, GO!!
BTW, a good TP job would even make the cops chuckle.. they were all kids once..
2007-09-30 08:15:43
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answer #5
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answered by lugar t axhandle 4
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