Wisconsin Act 106: New Penalties for Repeat Theft and Aggregated Retail Offenses

Analysis of 2025 Wisconsin Act 106 (Assembly Bill 89)

Wisconsin has enacted a significant overhaul of its theft and retail theft statutes aimed at repeat offenders and “course of conduct” crimes. 2025 Wisconsin Act 106, signed into law in March 2026, introduces two major changes to the criminal code: it creates a “step-up” penalty enhancer for those with prior theft convictions and allows prosecutors to aggregate the value of stolen goods from multiple incidents into a single, more serious charge.

Before this law, individuals committing multiple smaller thefts were often charged with a series of separate misdemeanors. Under Act 106, those same incidents can now be combined to reach felony thresholds, and even a single misdemeanor theft can be elevated to a felony if the defendant has a prior record.

If you are facing allegations of retail theft or property crimes, these new statutory tools significantly increase the stakes. Consulting with a Wisconsin criminal defense attorney is more important than ever to challenge the state’s attempt to aggregate charges or apply these new enhancers.

The Penalty Enhancer: From Misdemeanor to Felony

Act 106 creates a specific penalty enhancer for both general theft (Wis. Stat. § 943.20) and retail theft (Wis. Stat. § 943.50). The law focuses on individuals who have at least one prior conviction for theft or retail theft.

• Misdemeanor Elevation: A person charged with a misdemeanor theft (typically involving property valued under $2,500) can now be charged with a Class I Felony if they have a prior conviction for theft or retail theft.
• Felony Step-Up: If the current charge is already a felony, the presence of a prior conviction allows the state to charge the defendant with a crime one classification higher than what the dollar amount would normally dictate.

For example, a theft that would normally be a Class H felony could be elevated to a Class G felony based solely on a prior conviction, significantly increasing potential prison time.

Aggregation of Values: The Six-Month Rule

The second major component of Act 106 is the authority to aggregate – or add together – the value of property stolen during multiple violations.

Under the new Wis. Stat. § 943.20(5) and § 943.50(6), prosecutors may combine the values of stolen property if the following conditions are met:

1. Same Person: The acts were committed by the same individual.
2. Same Prosecutorial Unit: The acts occurred within the same county or district attorney’s jurisdiction.
3. Course of Conduct: The acts were part of a “course of conduct,” which often involves a series of similar acts over a period of time.
4. Single Prosecution: Under the new Wis. Stat. § 971.36(5), these aggregated acts may be prosecuted as a single crime.

This means that three separate retail thefts of $900 in one month would no longer be treated as three misdemeanors. Instead, they would be aggregated into a single theft of $2,700, triggering a felony charge.

Initial Applicability and Prior Convictions

It is important to note that while the new law applies to violations committed on or after the effective date, the “step-up” provision does include convictions that occurred before the law was passed. If you have an old theft conviction on your record, it can be used today to elevate a new misdemeanor charge to a felony under Act 106.

Key Takeaways from Wisconsin Act 106

• Prior Convictions Matter: A single prior conviction for theft or retail theft can turn a new misdemeanor charge into a Class I Felony.
• Value Aggregation: Prosecutors can now add up the value of goods stolen in separate incidents to reach higher felony thresholds.
• Course of Conduct Focus: The law targets repeated retail theft or “serial” theft within the same prosecutorial unit.
• Increased Sentencing Exposure: By moving crimes up a felony classification, the law increases the maximum terms of initial confinement and extended supervision.

What This Law Means Going Forward

Act 106 represents a clear legislative intent to crack down on retail theft and “organized” retail crime. By allowing aggregation and providing enhancers for repeat offenders, the state has made it much easier for a person to face life-altering felony consequences for relatively low-dollar property crimes. We expect to see more aggressive charging from District Attorneys who will now look back through a defendant’s history and across multiple police reports to build a single, high-level felony case.