943.38 Forgery. (1) Whoever with intent to defraud falsely makes or alters a writing or object of any of the following kinds so that it purports to have been made by another, or at another time, or with different provisions, or by authority of one who did not give such authority, is guilty of a Class H felony: (a) A writing or object whereby legal rights or obligations are created, terminated or transferred, or any writing commonly relied upon in business or commercial transactions as evidence of debt or property rights; or (b) A public record or a certified or authenticated copy thereof; or (c) An official authentication or certification of a copy of a public record; or (d) An official return or certificate entitled to be received as evidence of its contents. (2) Whoever utters as genuine or possesses with intent to utter as false or as genuine any forged writing or object mentioned in sub. (1), knowing it to have been thus falsely made or altered, is guilty of a Class H felony. (3) Whoever, with intent to defraud, does any of the following is guilty of a Class A misdemeanor: (a) Falsely makes or alters any object so that it appears to have value because of antiquity, rarity, source or authorship which it does not possess; or possesses any such object knowing it to have
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been thus falsely made or altered and with intent to transfer it as original and genuine, by sale or for security purposes; or (b) Falsely makes or alters any writing of a kind commonly relied upon for the purpose of identification or recommendation; or (c) Without consent, places upon any merchandise an identifying label or stamp which is or purports to be that of another craftsman, tradesman, packer or manufacturer; or (d) Falsely makes or alters a membership card purporting to be that of a fraternal, business or professional association or of a labor union; or possesses any such card knowing it to have been thus falsely made or altered and with intent to use it or cause or permit its use to deceive another; or (e) Falsely makes or alters any writing purporting to evidence a right to transportation on any common carrier; or (f) Falsely makes or alters a certified abstract of title to real estate, a title insurance commitment, a title insurance policy, or any other written evidence regarding the state of title to real estate. History: 1977 c. 173; 2001 a. 109; 2005 a. 205. Acceptance of or cashing a forged check is not an element of uttering under sub. (2). Little v. State, 85 Wis. 2d 558, 271 N.W.2d 105 (1978). Fraudulent use of a credit card need not involve forgery. If forgery is involved, the prosecutor has discretion to charge under this section or s. 943.41. Mack v. State, 93 Wis. 2d 287, 286 N.W.2d 563 (1980). Signed receipts for bogus magazine subscriptions constituted forgery even though the defrauded subscriber did not specifically rely on the receipts. State v. Davis, 105 Wis. 2d 690, 314 N.W.2d 907 (Ct. App. 1981). The absence of a maker’s signature did not immunize the accused from the crime of uttering a forged writing. State v. Machon, 112 Wis. 2d 47, 331 N.W.2d 665 (Ct. App. 1983). Depositing a forged instrument into an automated teller machine constitutes “uttering” under sub. (2). State v. Tolliver, 149 Wis. 2d 166, 440 N.W.2d 571 (Ct. App. 1989). Whether a writing was a negotiable instrument and whether the conduct of the victims when presented with the writing was negligent was irrelevant to whether the writings were within the terms of sub. (1) (a). State v. Perry, 215 Wis. 2d 696, 573 N.W.2d 876 (Ct. App. 1997), 97-0847. Sub. (2) does not incorporate the requirement of sub. (1) that the offender act with intent to defraud. State v. Shea, 221 Wis. 2d 418, 585 N.W.2d 662 (Ct. App. 1998), 97-2345. A check maker’s intent or reliance on an endorsement are immaterial to the crime of forgery by the endorser. The essence of forgery is the intent to defraud. The use of an assumed name may be a forgery if done for a fraudulent purpose. State v. Czarnecki, 2000 WI App 155, 237 Wis. 2d 794, 615 N.W.2d 672, 99-1985. A person cannot falsely make a postal money order by writing in the name of someone else as the payer as that does not affect the genuineness of the money order itself. It is not forgery to add mere surplusage to a document. State v. Entringer, 2001 WI App 157, 246 Wis. 2d 839, 631 N.W.2d 651, 00-2568. The words “legal rights” in sub. (1) (a) plainly cover the right to dispense prescription drugs without violating the law. That the legislature has created specific crimes that cover obtaining a controlled substance by forgery under s. 961.43 (1) (a) and (2) and obtaining a prescription drug by forgery under s. 450.11 (7) and (9) (a) does not mean that each violation is not punishable under this section, the general forgery statute. The fact that the forgery statute applies to writings creating property rights does not mean that it applies only to such writings. State v. Fortun, 2010 WI App 32, 323 Wis. 2d 732, 780 N.W.2d 238, 09-1172.
943.39 Fraudulent writings. Whoever, with intent to injure or defraud, does any of the following is guilty of a Class H felony: (1) Being a director, officer, manager, agent or employee of any corporation or limited liability company falsifies any record, account or other document belonging to that corporation or limited liability company by alteration, false entry or omission, or makes, circulates or publishes any written statement regarding the corporation or limited liability company which he or she knows is false; or (2) By means of deceit obtains a signature to a writing which is the subject of forgery under s. 943.38 (1); or (3) Makes a false written statement with knowledge that it is false and with intent that it shall ultimately appear to have been signed under oath. History: 1977 c. 173; 1993 a. 112; 2001 a. 109. Sub. (2) does not require proof of forgery. State v. Weister, 125 Wis. 2d 54, 370 N.W.2d 278 (Ct. App. 1985).
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943.392 Fraudulent data alteration. Whoever, with intent to injure or defraud, manipulates or changes any data, as defined in s. 943.70 (1) (f), is guilty of a Class A misdemeanor. History: 1993 a. 496. 21st Century White Collar Crime: Intellectual Property Crimes in the Cyber World. Simon & Jones. Wis. Law. Oct. 2004.
943.395 Fraudulent insurance and employee benefit program claims. (1) Whoever, knowing it to be false or fraudulent, does any of the following may be penalized as provided in sub. (2): (a) Presents or causes to be presented a false or fraudulent claim, or any proof in support of such claim, to be paid under any contract or certificate of insurance. (b) Prepares, makes or subscribes to a false or fraudulent account, certificate, affidavit, proof of loss or other document or writing, with knowledge that the same may be presented or used in support of a claim for payment under a policy of insurance. (c) Presents or causes to be presented a false or fraudulent claim or benefit application, or any false or fraudulent proof in support of such a claim or benefit application, or false or fraudulent information which would affect a future claim or benefit application, to be paid under any employee benefit program created by ch. 40. (d) Makes any misrepresentation in or with reference to any application for membership or documentary or other proof for the purpose of obtaining membership in or noninsurance benefit from any fraternal subject to chs. 600 to 646, for himself or herself or any other person. (e) Presents an application for worker’s compensation insurance coverage that is false or fraudulent or that falsely or fraudulently misclassifies employees to lower worker’s compensation insurance premiums. (2) Whoever violates this section: (a) Is guilty of a Class A misdemeanor if the value of the claim or benefit does not exceed $2,500. (b) Is guilty of a Class I felony if the value of the claim or benefit exceeds $2,500. History: 1971 c. 214; 1975 c. 373, 421; 1977 c. 173; 1979 c. 89; 1981 c. 96; 1987 a. 349; 1991 a. 39; 2001 a. 16, 109; 2015 a. 197 s. 51; 2025 a. 145. The “value of the claim” under sub. (2) refers to the amount of the entire claim and not the fraudulent portion. State v. Briggs, 214 Wis. 2d 281, 571 N.W.2d 881 (Ct. App. 1997), 97-0439.
943.40 Fraudulent destruction of certain writings. Whoever with intent to defraud does either of the following is guilty of a Class H felony: (1) Destroys or mutilates any corporate books of account or records; or (2) Completely erases, obliterates or destroys any writing which is the subject of forgery under s. 943.38 (1) (a). History: 1977 c. 173; 2001 a. 109.
943.41 Financial transaction card crimes. (1) DEFINITIONS. In this section: (a) “Alter” means add information to, change information on or delete information from. (am) “Automated financial service facility” means a machine activated by a financial transaction card, personal identification code or both. (b) “Cardholder” means the person to whom or for whose benefit a financial transaction card is issued. (c) “Counterfeit” means to manufacture, produce or create by any means a financial transaction card or purported financial transaction card without the issuer’s consent or authorization. (e) “Expired financial transaction card” means a financial
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transaction card which is no longer valid because the term shown thereon has elapsed. (em) “Financial transaction card” means an instrument or device issued by an issuer for the use of the cardholder in any of the following: 1. Obtaining anything on credit. 2. Certifying or guaranteeing the availability of funds sufficient to honor a draft or check. 3. Gaining access to an account. (f) “Issuer” means the business organization or financial institution which issues a financial transaction card or its duly authorized agent. (fm) “Personal identification code” means a numeric, alphabetic or alphanumeric code or other means of identification required by an issuer to permit a cardholder’s authorized use of a financial transaction card. (g) “Receives” or “receiving” means acquiring possession or control or accepting as security for a loan. (h) “Revoked financial transaction card” means a financial transaction card which is no longer valid because permission to use it has been suspended or terminated by the issuer. (2) FALSE STATEMENTS. No person shall make or cause to be made, whether directly or indirectly, any false statements in writing, knowing it to be false and with intent that it be relied upon, respecting the person’s identity or that of any other person or the person’s financial condition or that of any other person or other entity for the purpose of procuring the issuance of a financial transaction card. (3) THEFT BY TAKING CARD. (a) No person shall acquire a financial transaction card from the person, possession, custody or control of another without the cardholder’s consent or, with knowledge that it has been so acquired, receive the financial transaction card with intent to use it or sell it or to transfer it to a person other than the issuer. Acquiring a financial transaction card without consent includes obtaining it by conduct defined as statutory theft. If a person has in his or her possession or under his or her control financial transaction cards issued in the names of 2 or more other persons it is prima facie evidence that the person acquired them in violation of this subsection. (b) No person shall receive a financial transaction card that the person knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and retain possession thereof with intent to sell it, or to transfer it to a person other than the issuer or the cardholder, or to use it. The possession of such a financial transaction card for more than 7 days by a person other than the issuer or the cardholder is prima facie evidence that such person intended to sell, transfer or use it in violation of this subsection. (c) No person other than the issuer shall sell a financial transaction card. No person shall buy a financial transaction card from a person other than the issuer. (d) No person shall, with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value, or any other person, obtain control over a financial transaction card as security for debt. (e) No person other than the issuer may receive a financial transaction card issued in the name of another person which he or she has reason to know was taken or retained in violation of this subsection or sub. (2). Either of the following is prima facie evidence of a violation of this paragraph: 1. Possession of 3 or more financial transaction cards with reason to know that the financial transaction cards were taken or retained in violation of this subsection or sub. (2). 2. Possession of a financial transaction card with knowledge
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that the financial transaction card was taken or retained in violation of this subsection or sub. (2). (4) FORGERY OF FINANCIAL TRANSACTION CARD. (a) No person shall, with intent to defraud a purported issuer, a person or organization providing money, goods, services or anything else of value or any other person, alter or counterfeit a financial transaction card or purported financial transaction card or possess a financial transaction card or purported financial transaction card with knowledge that it has been altered or counterfeited. The possession by a person other than the purported issuer of 2 or more financial transaction cards which have been altered or counterfeited is prima facie evidence that the person intended to defraud or that the person knew the financial transaction cards to have been so altered or counterfeited. (b) No person other than the cardholder or a person authorized by the cardholder shall, with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value or any other person, sign a financial transaction card. Possession by a person other than the intended cardholder or one authorized by the intended cardholder of a financial transaction card signed by such person is prima facie evidence that such person intended to defraud in violation of this subsection. (5) FRAUDULENT USE. (a) 1. No person shall, with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value or any other person: a. Use, for the purpose of obtaining money, goods, services or anything else of value, a financial transaction card obtained or retained in violation of sub. (3) or a financial transaction card which the person knows is forged, expired or revoked; or b. Obtain money, goods, services or anything else of value by representing without the consent of the cardholder that the person is the holder of a specified card or by representing that the person is the holder of a card and such card has not in fact been issued. 2. Knowledge of revocation shall be presumed to have been received by a cardholder 4 days after it has been mailed to the cardholder at the address set forth on the financial transaction card or at the cardholder’s last-known address by registered or certified mail, return receipt requested, and if the address is more than 500 miles from the place of mailing, by air mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone and Canada, notice shall be presumed to have been received 10 days after mailing by registered or certified mail. (b) No cardholder shall use a financial transaction card issued to the cardholder or allow another person to use a financial transaction card issued to the cardholder with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value or any other person. (c) No person may deposit a stolen or forged instrument by means of an automated financial service facility with knowledge of the character of the instrument. (d) No person may, with intent to defraud anyone: 1. Introduce information into an electronic funds transfer system. 2. Transmit information to or intercept or alter information from an automated financial service facility. (e) No person may knowingly receive anything of value from a violation of par. (c) or (d). (6) FRAUDULENT USE; OTHER PERSONS. (a) No person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a financial transaction card by the cardholder, or any agent or employee of such person, shall, with intent to defraud the issuer or the cardholder, furnish
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money, goods, services or anything else of value upon presentation of a financial transaction card obtained or retained under circumstances prohibited by sub. (3) or a financial transaction card which the person knows is forged, expired or revoked. (b) No person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a financial transaction card by the cardholder, or any agent or employee of such person, shall, with intent to defraud, fail to furnish money, goods, services or anything else of value which the person represents in writing to the issuer that the person has furnished. (c) No person other than the cardholder shall possess an incomplete financial transaction card with intent to complete it without the consent of the issuer. A financial transaction card is “incomplete” if part of the matter, other than the signature of the cardholder, which an issuer requires to appear on the financial transaction card before it can be used by a cardholder has not yet been stamped, embossed, imprinted or written on it. (d) No person shall receive money, goods, services or anything else of value obtained under circumstances prohibited by this section, knowing or believing that it was so obtained. Any person who obtains at a discount price a ticket issued by an airline, railroad, steamship or other transportation company which was acquired under circumstances prohibited by this section without reasonable inquiry to ascertain that the person from whom it was obtained had a legal right to possess it shall be presumed to know that such ticket was acquired under circumstances prohibited by this section. (6m) FACTORING PROHIBITED. (a) Except as provided in par. (b), a person authorized to furnish money, goods, services or anything else of value upon presentation of a financial transaction card may not deposit, assign, endorse or present for payment to an issuer or to any other person authorized to acquire transaction records for presentation to an issuer a financial transaction card transaction record if the person did not furnish or agree to furnish the money, goods, services or anything else of value represented to be furnished by the transaction record. (b) Paragraph (a) does not apply to any of the following: 1. A franchisor, as defined in s. 553.03 (6), who presents for payment a financial transaction card transaction record of a franchisee, as defined in s. 553.03 (5), if the franchisor is authorized to present the transaction record on behalf of the franchisee and the franchisee furnished or agreed to furnish the money, goods, services or anything else of value represented to be furnished by the transaction record. 2. A general merchandise retailer who presents for payment a financial transaction card transaction record of a person who furnishes money, goods, services or anything else of value on the business premises of the general merchandise retailer if the general merchandise retailer is authorized to present the transaction record on behalf of the person and the person furnished or agreed to furnish the money, goods, services or anything else of value represented to be furnished by the transaction record. 3. An issuer or an organization of issuers who present a financial transaction card transaction record for the interchange and settlement of the transaction. (7) DEFENSES NOT AVAILABLE. In any prosecution for violation of this section, it is not a defense: (a) That a person other than the defendant has not been convicted, apprehended or identified; or (b) That some of the acts constituting the crime did not occur in this state or were not a crime or elements of a crime where they did occur. (8) PENALTIES. (a) Any person violating any provision of
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sub. (2), (3) (a) to (d) or (4) (b) is guilty of a Class A misdemeanor. (b) Any person violating any provision of sub. (3) (e), (4) (a), (6) (c) or (6m) is guilty of a Class I felony. (c) Any person violating any provision of sub. (5) or (6) (a), (b), or (d), if the value of the money, goods, services, or property illegally obtained does not exceed $2,500 is guilty of a Class A misdemeanor; if the value of the money, goods, services, or property exceeds $2,500 but does not exceed $5,000, in a single transaction or in separate transactions within a period not exceeding 6 months, the person is guilty of a Class I felony; if the value of the money, goods, services, or property exceeds $5,000 but does not exceed $10,000, in a single transaction or in separate transactions within a period not exceeding 6 months, the person is guilty of a Class H felony; or if the value of money, goods, services, or property exceeds $10,000, in a single transaction or in separate transactions within a period not exceeding 6 months, the person is guilty of a Class G felony. History: 1973 c. 219; 1977 c. 173; 1981 c. 288; 1989 a. 321; 1991 a. 39; 1993 a. 486; 1995 a. 225; 2001 a. 16, 109. Fraudulent use of a credit card need not involve forgery. If forgery is involved, the prosecutor has discretion to charge under either this section or s. 943.38. Mack v. State, 93 Wis. 2d 287, 286 N.W.2d 563 (1980). Actual possession of the financial transaction card is not required for a violation of sub. (5) (a) 1. a. State v. Shea, 221 Wis. 2d 418, 585 N.W.2d 662 (Ct. App. 1998), 97-2345.
943.45 Theft of telecommunications service. (1) No person may intentionally obtain or attempt to obtain telecommunications service, as defined in s. 182.017 (1g) (cq), by any of the following means: (a) Charging such service to an existing telephone number or credit card number without the consent of the subscriber thereto or the legitimate holder thereof. (b) Charging such service to a false, fictitious, suspended, terminated, expired, canceled or revoked telephone number or credit card number. (c) Rearranging, tampering with or making connection with any facilities or equipment. (d) Using a code, prearranged scheme, or other stratagem or device whereby said person in effect sends or receives information. (e) Using any other contrivance, device or means to avoid payment of the lawful charges, in whole or in part, for such service. (2) This section shall apply when the said telecommunications service either originates or terminates, or both, in this state, or when the charges for said telecommunications service would have been billable, in normal course, by a person providing telecommunications service in this state, but for the fact that said service was obtained, or attempted to be obtained, by one or more of the means set forth in sub. (1). (3) The following penalties apply to violations of this section: (a) Except as provided in pars. (b) to (d), any person who violates sub. (1) is guilty of a Class C misdemeanor. (b) Except as provided in pars. (c) and (d), any person who violates sub. (1) as a 2nd or subsequent offense is guilty of a Class B misdemeanor. (c) Except as provided in par. (d), any person who violates sub. (1) for direct or indirect commercial advantage or private financial gain is guilty of a Class A misdemeanor. (d) Any person who violates sub. (1) for direct or indirect commercial advantage or private financial gain as a 2nd or subsequent offense is guilty of a Class I felony. History: 1977 c. 173; 1991 a. 39; 1993 a. 496; 2001 a. 109; 2011 a. 22; 2013 a. 89. Each separate plan or scheme to obtain service by fraud is a separate chargeable offense. State v. Davis, 171 Wis. 2d 711, 492 N.W.2d 174 (Ct. App. 1992).
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943.455 Theft of commercial mobile service. (1) DEFINITIONS. In this section: (a) “Commercial mobile service” means commercial mobile service, as defined in s. 196.01 (2i), that is provided by a company for payment. (b) “Company” means a commercial mobile radio service provider, as defined in s. 196.01 (2g). (2) PROHIBITIONS. No person may intentionally do any of the following: (a) Obtain or attempt to obtain commercial mobile service from a company by trick, artifice, deception, use of an illegal device or other fraudulent means with the intent to deprive that company of any or all lawful compensation for rendering each type of service obtained. The intent required for a violation of this paragraph may be inferred from the presence on the property and in the actual possession of the defendant of a device not authorized by the company, the major purpose of which is to permit reception of commercial mobile services without payment. This inference is rebutted if the defendant demonstrates that he or she purchased that device for a legitimate use. (b) Give technical assistance or instruction to any person in obtaining or attempting to obtain any commercial mobile service without payment of all lawful compensation to the company providing that service. This paragraph does not apply if the defendant demonstrates that the technical assistance or instruction was given for a legitimate purpose. (c) Maintain an ability to connect, whether physical, electronic, by radio wave or by other means, with any facilities, components or other devices used for the transmission of commercial mobile services for the purpose of obtaining commercial mobile service without payment of all lawful compensation to the company providing that service. The intent required for a violation of this paragraph may be inferred from proof that the commercial mobile service to the defendant was authorized under a service agreement with the defendant and has been terminated by the company and that thereafter there exists in fact an ability to connect to the company’s commercial mobile service system. (d) Make or maintain any modification or alteration to any device installed with the authorization of a company for the purpose of obtaining any service offered by that company which that person is not authorized by that company to obtain. The intent required for a violation of this paragraph may be inferred from proof that, as a matter of standard procedure, the company places written warning labels on its telecommunications devices explaining that tampering with the device is a violation of law and the device is found to have been tampered with, altered or modified so as to allow the reception of services offered by the company without authority to do so. (e) Possess without authority any device designed to receive from a company any services offered for sale by that company, whether or not the services are encoded, filtered, scrambled or otherwise made unintelligible, or designed to perform or facilitate the performance of any of the acts under pars. (a) to (d) with the intent that that device be used to receive that company’s services without payment. Intent to violate this paragraph for direct or indirect commercial advantage or private financial gain may be inferred from proof of the existence on the property and in the actual possession of the defendant of a device if the totality of circumstances, including quantities or volumes, indicates possession for resale. (f) Manufacture, import into this state, distribute, publish, advertise, sell, lease or offer for sale or lease any device or any plan or kit for a device designed to receive commercial mobile services offered for sale by a company, whether or not the services are encoded, filtered, scrambled or otherwise made unintelligi-
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ble, with the intent that that device, plan or kit be used for obtaining a company’s services without payment. The intent required for a violation of this paragraph may be inferred from proof that the defendant has sold, leased or offered for sale or lease any device, plan or kit for a device in violation of this paragraph and during the course of the transaction for sale or lease the defendant expressly states or implies to the buyer that the product will enable the buyer to obtain commercial mobile service without charge. (4) PENALTIES. The following penalties apply for violations of this section: (a) Except as provided in pars. (b) to (d), any person who violates sub. (2) (a) to (f) is subject to a Class C forfeiture. (b) Except as provided in pars. (c) and (d), any person who violates sub. (2) (a) to (f) as a 2nd or subsequent offense is guilty of a Class B misdemeanor. (c) Except as provided in par. (d), any person who violates sub. (2) (a) to (f) for direct or indirect commercial advantage or private financial gain is guilty of a Class A misdemeanor. (d) Any person who violates sub. (2) (a) to (f) for direct or indirect commercial advantage or private financial gain as a 2nd or subsequent offense is guilty of a Class I felony. (5) EXCEPTION. This section does not affect the use by a person of commercial mobile services if the services have been paid for. History: 1991 a. 39; 1993 a. 496; 1997 a. 218; 2001 a. 109.
943.46 Theft of video service. (1) DEFINITIONS. In this section: (b) “Private financial gain” does not include the gain resulting to any individual from the private use in that individual’s dwelling unit of any programming for which the individual has not obtained authorization. (c) “Video service” has the meaning given in s. 66.0420 (2) (y), except that “video service” does not include signals received by privately owned antennas that are not connected to a video service network whether or not the same signals are provided by a video service provider. (d) “Video service network” has the meaning given in s. 66.0420 (2) (zb). (e) “Video service provider” has the meaning given in s. 66.0420 (2) (zg), and also includes an interim cable operator, as defined in s. 66.0420 (2) (n). (2) PROHIBITIONS. No person may intentionally do any of the following: (a) Obtain or attempt to obtain video service from a provider by trick, artifice, deception, use of an illegal device or illegal decoder or other fraudulent means with the intent to deprive that provider of any or all lawful compensation for rendering each type of service obtained. The intent required for a violation of this paragraph may be inferred from the presence on the property and in the actual possession of the defendant of a device not authorized by the video service provider, the major purpose of which is to permit reception of video services without payment. This inference is rebutted if the defendant demonstrates that he or she purchased that device for a legitimate use. (b) Give technical assistance or instruction to any person in obtaining or attempting to obtain any video service without payment of all lawful compensation to the provider providing that service. This paragraph does not apply if the defendant demonstrates that the technical assistance or instruction was given or the installation of the connection, descrambler or receiving device was for a legitimate use. (c) Make or maintain a connection, whether physical, electrical, mechanical, acoustical or by other means, with any cables,
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wires, components or other devices used for the distribution of video services for the purpose of distributing video service to any other dwelling unit without authority from a video service provider. (d) Make or maintain a connection, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of video services for the purpose of obtaining video service without payment of all lawful compensation to the provider providing that service. The intent required for a violation of this paragraph may be inferred from proof that the video service to the defendant’s residence or business was connected under a service agreement with the defendant and has been disconnected by the video service provider and that thereafter there exists in fact a connection to the video service network at the defendant’s residence or business. (e) Make or maintain any modification or alteration to any device installed with the authorization of a video service provider for the purpose of intercepting or receiving any program or other service carried by that provider which that person is not authorized by that provider to receive. The intent required for a violation of this paragraph may be inferred from proof that, as a matter of standard procedure, the video service provider places written warning labels on its converters or decoders explaining that tampering with the device is a violation of law and the converter or decoder is found to have been tampered with, altered or modified so as to allow the reception or interception of programming carried by the video service provider without authority to do so. The trier of fact may also infer that a converter or decoder has been altered or modified from proof that the video service provider, as a matter of standard procedure, seals the converters or decoders with a label or mechanical device, that the seal was shown to the customer upon delivery of the decoder and that the seal has been removed or broken. The inferences under this paragraph are rebutted if the video service provider cannot demonstrate that the intact seal was shown to the customer. (f) Possess without authority any device or printed circuit board designed to receive from a video service network any video programming or services offered for sale over that video service network, whether or not the programming or services are encoded, filtered, scrambled or otherwise made unintelligible, or perform or facilitate the performance of any of the acts under pars. (a) to (e) with the intent that that device or printed circuit be used to receive that video service provider’s services without payment. Intent to violate this paragraph for direct or indirect commercial advantage or private financial gain may be inferred from proof of the existence on the property and in the actual possession of the defendant of a device if the totality of circumstances, including quantities or volumes, indicates possession for resale. (g) Manufacture, import into this state, distribute, publish, advertise, sell, lease or offer for sale or lease any device, printed circuit board or any plan or kit for a device or for a printed circuit designed to receive the video programming or services offered for sale over a video service network from a video service network, whether or not the programming or services are encoded, filtered, scrambled or otherwise made unintelligible, with the intent that that device, printed circuit, plan or kit be used for the reception of that provider’s services without payment. The intent required for a violation of this paragraph may be inferred from proof that the defendant has sold, leased or offered for sale or lease any device, printed circuit board, plan or kit for a device or for a printed circuit board in violation of this paragraph and during the course of the transaction for sale or lease the defendant expressly states or implies to the buyer that the product will enable the buyer to obtain video service without charge.
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(4) PENALTIES. The following penalties apply for violations of this section: (a) Except as provided in pars. (b) to (d), any person who violates sub. (2) (a) to (f) is guilty of a Class C misdemeanor. (b) Except as provided in pars. (c) and (d), any person who violates sub. (2) (a) to (f) as a 2nd or subsequent offense is guilty of a Class B misdemeanor. (c) Except as provided in par. (d), any person who violates sub. (2) (a) to (g) for direct or indirect commercial advantage or private financial gain is guilty of a Class A misdemeanor. (d) Any person who violates sub. (2) (a) to (g) for direct or indirect commercial advantage or private financial gain as a 2nd or subsequent offense is guilty of a Class I felony. (5) EXCEPTION. This section does not affect the use by a person of video services if the services have been paid for and the use is exclusive to the person’s dwelling unit. This subsection does not prohibit a board or council of any city, village or town from specifying the number and manner of installation of outlets used by any such person for video services and does not prohibit a c video service provider, in any written contract with a subscriber, from requiring the provider’s approval for any increase in the number of those outlets used. History: 1987 a. 345; 1993 a. 496; 2001 a. 109; 2007 a. 42; 2013 a. 89.
943.47 Theft of satellite cable programming. (1) DEFINITIONS. In this section: (a) “Encrypt,” when used with respect to satellite cable programming, means to transmit that programming in a form whereby the aural or visual characteristics or both are altered to prevent the unauthorized reception of that programming by persons without authorized equipment which is designed to eliminate the effects of that alteration. (b) “Satellite cable programming” means encrypted video programming which is transmitted via satellite for direct reception by satellite dish owners for a fee. (2) PROHIBITIONS. No person may decode encrypted satellite cable programming without authority. (3) CRIMINAL PENALTIES. The following penalties apply for violations of this section: (a) Except as provided in pars. (b) to (d), any person who intentionally violates sub. (2) is subject to a Class C forfeiture. (b) Except as provided in pars. (c) and (d), any person who violates sub. (2) as a 2nd or subsequent offense is guilty of a Class B misdemeanor. (c) Except as provided in par. (d), any person who violates sub. (2) for direct or indirect commercial advantage or private financial gain is guilty of a Class A misdemeanor. (d) Any person who violates sub. (2) for direct or indirect commercial advantage or private financial gain as a 2nd or subsequent offense is guilty of a Class I felony. (5) EXCEPTION. This section does not affect the use by a person of satellite cable programming if the programming has been paid for and the use is exclusive to the person’s dwelling unit. History: 1987 a. 345; 1993 a. 496; 2001 a. 109; 2015 a. 196.
943.48 Telecommunications; civil liability. (1) Any person who incurs injury as a result of a violation of s. 943.45 (1), 943.455 (2), 943.46 (2) or 943.47 (2) may bring a civil action against the person who committed the violation. (1m) Except as provided in sub. (2), if the person who incurs the loss prevails, the court shall grant the prevailing party actual damages, costs and disbursements and may grant the prevailing party reasonable attorney fees that do not exceed the amount of actual damages. (2) If the person who incurs the loss prevails against a person
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who committed the violation willfully and for the purpose of commercial advantage or prevails against a person who has committed more than one violation of s. 943.45 (1), 943.455 (2), 943.46 (2) or 943.47 (2), the court shall grant the prevailing party all of the following: (a) Except as provided in subs. (2g) and (2r), not more than $10,000. (b) Actual damages. (c) Any profits of the violator that are attributable to the violation and that are not taken into account in determining the amount of actual damages under par. (b). (d) Notwithstanding the limitations under s. 799.25 or 814.04, costs, disbursements and reasonable attorney fees. (2g) If the court finds that the violation was committed willfully and for the purpose of commercial advantage, the court may increase the amount granted under sub. (2) (a) to an amount not to exceed $50,000. (2r) If the court finds that the violator had no reason to believe that the violator’s action constituted a violation of this section, the court may reduce the amount granted under sub. (2) (a). (3) If damages under sub. (2) (c) are requested, the party who incurred the injury shall have the burden of proving the violator’s gross revenue and the violator shall have the burden of proving the violator’s deductible expenses and the elements of profit attributable to factors other than the violation. (4) In addition to other remedies available under this section, the court may grant the injured party a temporary or permanent injunction. History: 1993 a. 496; 2013 a. 89.
943.49 Unlawful use of recording device in motion picture theater. (1) DEFINITIONS. In this section: (a) “Motion picture theater” means a site used for the exhibition of a motion picture to the public. (b) “Recording” has the meaning given in s. 943.206 (5). (c) “Recording device” means a camera, an audio or video recorder or any other device that may be used to record or transfer sounds or images. (d) “Theater owner” means an owner or operator of a motion picture theater. (2) USE OF RECORDING DEVICE IN MOVIE THEATER. (a) No person may operate a recording device in a motion picture theater without written consent from the theater owner or a person authorized by the theater owner to provide written consent. (b) 1. Except as provided in subd. 2., a person who violates par. (a) is guilty of a Class A misdemeanor. 2. A person who violates par. (a) is guilty of a Class I felony if the violation occurs after the person has been convicted under this subsection. (4) DETENTION OF PERSON COMMITTING VIOLATION. A theater owner, a theater owner’s adult employee or a theater owner’s security agent who has reasonable cause to believe that a person has violated this section in his or her presence may detain 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 detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he or she shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. The theater owner, the theater owner’s adult employee or the theater owner’s security agent may release the detained person before the arrival of a peace officer or parent or guardian. Any theater owner, theater owner’s adult employee or theater owner’s
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security agent who acts in good faith in any act authorized under this section is immune from civil or criminal liability for those acts. History: 1999 a. 51; 2001 a. 109.
943.50 Retail theft; theft of services. (1) In this section: (ad) “Merchandise” includes a service provided by a service provider. (ag) “Merchant” includes any “merchant” as defined in s. 402.104 (3) or any innkeeper, motelkeeper or hotelkeeper. (am) “Service provider” means a merchant who provides a service to retail customers without a written contract with the expectation that the service will be paid for by the customer upon completion of the service. (ar) “Theft detection device” means any tag or other device that is used to prevent or detect theft and that is attached to merchandise held for resale by a merchant or to property of a merchant. (as) “Theft detection device remover” means any tool or device used, designed for use or primarily intended for use in removing a theft detection device from merchandise held for resale by a merchant or property of a merchant. (at) “Theft detection shielding device” means any laminated or coated bag or device designed to shield merchandise held for resale by a merchant or property of a merchant from being detected by an electronic or magnetic theft alarm sensor. (b) “Value of merchandise” means: 1. For property of the merchant, the value of the property; or 2. For merchandise held for resale, the merchant’s stated price of the merchandise or, in the event of altering, transferring or removing a price marking or causing a cash register or other sales device to reflect less than the merchant’s stated price, the difference between the merchant’s stated price of the merchandise and the altered price. 3. For a service provided by a service provider, the price that the service provider stated for the service before the service was provided. (1m) A person may be penalized as provided in sub. (4) if he or she 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: (a) Intentionally alters indicia of price or value of merchandise held for resale by a merchant or property of a merchant. (b) Intentionally takes and carries away merchandise held for resale by a merchant or property of a merchant. (c) Intentionally transfers merchandise held for resale by a merchant or property of a merchant. (d) Intentionally conceals merchandise held for resale by a merchant or property of a merchant. (e) Intentionally retains possession of merchandise held for resale by a merchant or property of a merchant. (f) While anywhere in the merchant’s store, intentionally removes a theft detection device from merchandise held for resale by a merchant or property of a merchant. (g) Uses, or possesses with intent to use, a theft detection shielding device to shield merchandise held for resale by a merchant or property of merchant from being detected by an electronic or magnetic theft alarm sensor. (h) Uses, or possesses with intent to use, a theft detection device remover to remove a theft detection device from merchandise held for resale by a merchant or property of a merchant. (1r) Any person may be penalized as provided in sub. (4) if, having obtained a service from a service provider, he or she, without the service provider’s consent and with intent to deprive
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the service provider permanently of the full price of the service, absconds and intentionally fails or refuses to pay for the service. (3) A merchant or service provider, a merchant’s or service provider’s adult employee or a merchant’s or service provider’s 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 detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he or she shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. The merchant or service provider, merchant’s or service provider’s adult employee or merchant’s or service provider’s security agent may release the detained person before the arrival of a peace officer or parent or guardian. Any merchant or service provider, merchant’s or service provider’s adult employee or merchant’s or service provider’s security agent who acts in good faith in any act authorized under this section is immune from civil or criminal liability for those acts. (3m) (a) In any action or proceeding for violation of this section, duly identified and authenticated photographs of merchandise which was the subject of the violation may be used as evidence in lieu of producing the merchandise. (am) For the purpose of sub. (4m), evidence that a person sold by means of the Internet merchandise that is similar to the merchandise that is the subject of a violation under sub. (1m) (a), (b), (c), (d), (e), or (f), within 90 days before the violation, is prima facie evidence of the person’s intent to sell the merchandise by means of the Internet. (b) A merchant or merchant’s adult employee is privileged to defend property as prescribed in s. 939.49. (4) Whoever violates this section is guilty of: (a) Except as provided in sub. (4m), a Class A misdemeanor, if the value of the merchandise does not exceed $500. (bf) A Class I felony, if the value of the merchandise exceeds $500 but does not exceed $5,000. (bm) A Class H felony, if the value of the merchandise exceeds $5,000 but does not exceed $10,000. (c) A Class G felony, if the value of the merchandise exceeds $10,000. (4g) A person who is charged with a misdemeanor under sub. (4) (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. (4) (a) to (c) or s. 943.20 (3) (a) to (cm). A person who is charged with a felony under sub. (4) (bf) to (c) may be charged with and convicted of a felony that is one classification higher than the felony classification provided in sub. (4) if the person has one or more prior convictions for a violation under sub. (4) (a) to (c) or s. 943.20 (3) (a) to (cm). (4m) Whoever violates sub. (1m) (a), (b), (c), (d), (e), or (f) is guilty of 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. (5) (a) In addition to the other penalties provided for violation of this section, a judge may order a violator to pay restitution under s. 973.20. (b) In actions concerning violations of ordinances in con-
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formity with this section, a judge may order a violator to make restitution under s. 800.093. (c) If the court orders restitution under pars. (a) and (b), any amount of restitution paid to the victim under one of those paragraphs reduces the amount the violator must pay in restitution to that victim under the other paragraph. (6) For purposes of charging and penalty determinations under sub. (4) (a) to (c), 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. History: 1977 c. 173; 1981 c. 270; 1983 a. 189 s. 329 (24); 1985 a. 179; 1987 a. 398; 1991 a. 39, 40; 1993 a. 71; 1997 a. 262; 2001 a. 16, 109; 2011 a. 110, 174; 2025 a. 106. A merchant acted reasonably in detaining an innocent shopper for 20 minutes and releasing the shopper without summoning police. Johnson v. K-Mart Enterprises, Inc., 98 Wis. 2d 533, 297 N.W.2d 74 (Ct. App. 1980). Sub. (3) requires only that the merchant’s employee have probable cause to believe that the person violated this section in the employee’s presence; actual theft need not be committed in the employee’s presence. State v. Lee, 157 Wis. 2d 126, 458 N.W.2d 562 (Ct. App. 1990). Reasonableness under sub. (3) requires: 1) reasonable cause to believe that the person violated this section; 2) that the manner of the detention and the actions taken in an attempt to detain must be reasonable; and 3) that the length of the detention and the actions taken in an attempt to detain must be reasonable. An attempt to detain may include pursuit, including reasonable pursuit off the merchant’s premises. Peters v. Menard, Inc., 224 Wis. 2d 174, 589 N.W.2d 395 (1999), 971514. The state has authority to charge multiple retail thefts under this section as one continuous offense pursuant to s. 971.36 (3). State v. Lopez, 2019 WI 101, 389 Wis. 2d 156, 936 N.W.2d 125, 17-0913. Shoplifting: Protection for Merchants in Wisconsin. Muren. 57 MLR 141 (1973).
943.51 Retail theft; civil liability. (1) Any person who incurs injury to his or her business or property as a result of a violation of s. 943.50 may bring a civil action against any individual who caused the loss for all of the following: (a) The retail value of the merchandise unless it is returned undamaged and unused. A person may recover under this paragraph only if he or she 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. (am) The retail value of the service provided by a service provider, as defined in s. 943.50 (1) (am). A person may recover under this paragraph only if he or she exercises due diligence in demanding payment for the service. (b) Any actual damages not covered under par. (a). (2) In addition to sub. (1), if the person who incurs the loss prevails, the judgment in the action may grant any of the following: (a) 1. Except as provided in subd. 1m., exemplary damages of not more than 3 times the amount under sub. (1). 1m. If the action is brought against a minor or against the parent who has custody of their minor child for the loss caused by the minor, the exemplary damages may not exceed 2 times the amount under sub. (1). 2. No additional proof is required for an award of exemplary damages under this paragraph. (b) Notwithstanding the limitations of s. 799.25 or 814.04, all actual costs of the action, including reasonable attorney fees. (3) Notwithstanding sub. (2) and except as provided in sub. (3m), the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $500 for each violation. (3m) Notwithstanding sub. (2), the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $300 for each violation if the action is brought against a minor or against the parent who has custody of their minor child for the loss caused by the minor. (3r) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss.
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800.093 and 973.20 or as recompense under s. 969.13 (5) (a) for the same act. (4) The plaintiff has the burden of proving by a preponderance of the evidence that a violation occurred under s. 943.50. 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. (5) A person is not criminally liable under s. 943.30 for any civil action brought in good faith under this section. (6) Nothing in this section precludes a plaintiff from bringing the action under ch. 799 if the amount claimed is within the jurisdictional limits of s. 799.01 (1) (d). History: 1985 a. 179; 1989 a. 31; 1993 a. 71; 1995 a. 77; 2003 a. 138; 2005 a. 447; 2011 a. 110. Employee salary for time spent processing retail theft is compensable as “actual damages” under sub. (1) (b). Shopko Stores, Inc. v. Kujak, 147 Wis. 2d 589, 433 N.W.2d 618 (Ct. App. 1988).
943.55 Removal of shopping cart. Whoever intentionally removes a shopping cart or stroller from either the shopping area or a parking area adjacent to the shopping area to another place without authorization of the owner or person in charge and with the intent to deprive the owner permanently of possession of such property shall forfeit an amount not to exceed $500 for each shopping cart or stroller so removed. History: 1977 c. 99; 2003 a. 159.
943.60 Criminal slander of title. (1) Any person who submits for filing, entering or recording any lien, claim of lien, lis pendens, writ of attachment, financing statement or any other instrument relating to a security interest in or title to real or personal property, and who knows or should have known that the contents or any part of the contents of the instrument are false, a sham or frivolous, is guilty of a Class H felony. (2) This section applies to any person who causes another person to act in the manner specified in sub. (1). (3) This section does not apply to a register of deeds or other government employee who acts in the course of his or her official duties and files, enters or records any instrument relating to title on behalf of another person. History: 1979 c. 221; 1995 a. 224; 1997 a. 27; 2001 a. 109. Whether a document was frivolous was for the jury to answer. State v. Leist, 141 Wis. 2d 34, 414 N.W.2d 45 (Ct. App. 1987).
943.61 Theft of library material. (1) In this section: (a) “Archives” means a place in which public or institutional records are systematically preserved. (b) “Library” means any public library; library of an educational, historical or eleemosynary institution, organization or society; archives; or museum. (c) “Library material” includes any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual materials in any format, magnetic or other tapes, electronic data processing records, artifacts or other documentary, written or printed materials, regardless of physical form or characteristics, belonging to, on loan to or otherwise in the custody of a library. (2) Whoever intentionally takes and carries away, transfers, conceals or retains possession of any library material without the consent of a library official, agent or employee and with intent to deprive the library of possession of the material may be penalized as provided in sub. (5). (3) The concealment of library material beyond the last station for borrowing library material in a library is evidence of intent to deprive the library of possession of the material. The discovery of library material which has not been borrowed in accor-
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dance with the library’s procedures or taken with consent of a library official, agent or employee and which is concealed upon the person or among the belongings of the person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing the material. (4) An official or adult employee or agent of a library who has probable cause for believing that a person has violated this section in his or her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a peace officer, or to the person’s parent or guardian in the case of a minor. The detained person shall be promptly informed of the purpose for the detention and be permitted to make phone calls, but shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. Compliance with this subsection entitles the official, agent or employee effecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty. (5) Whoever violates this section is guilty of: (a) A Class A misdemeanor, if the value of the library materials does not exceed $2,500. (c) A Class H felony, if the value of the library materials exceeds $2,500. History: 1979 c. 245; Stats. 1979 s. 943.60; 1979 c. 355 s. 232; Stats. 1979 s. 943.61; 1991 a. 39; 2001 a. 16, 109.
943.62 Unlawful receipt of payments to obtain loan for another. (1) In this section, “escrow agent” means a state or federally chartered bank, savings bank, savings and loan association or credit union located in this state. (2) Except as provided in sub. (2m), no person may receive a payment from a customer as an advance fee, salary, deposit or money for the purpose of obtaining a loan or a lease of personal property for the customer unless the payment is immediately placed in escrow subject to the condition that the escrow agent shall deliver the payment to the person only upon satisfactory proof of the closing of the loan or execution of the lease within a period of time agreed upon in writing between the person and the customer; otherwise the payment shall be returned to the customer immediately upon expiration of the time period. (2m) This section does not apply to a savings and loan association, credit union, bank, savings bank, or a mortgage banker, mortgage loan originator, or mortgage broker licensed under s. 224.72 or 224.725. (3) (a) Advance payments to cover reasonably estimated costs are excluded from the requirements of sub. (2) if the customer first signs a written agreement which recites in capital and lowercase letters of not less than 12-point boldface type all of the following: 1. The estimated costs by item. 2. The estimated total costs. 3. Money advanced for incurred costs will not be refunded. (b) If a cost under par. (a) is not incurred, the person shall refund that amount to the customer. (4) Whoever violates this section is guilty of: (a) A Class A misdemeanor, if the value of the advance payment or required refund, as applicable, does not exceed $2,500. (c) A Class F felony, if the value of the advance payment or required refund, as applicable, exceeds $2,500. History: 1981 c. 20; 1983 a. 167; 1987 a. 359; 1987 a. 403 s. 256; 1995 a. 27; 1997 a. 145; 2001 a. 16, 109; 2009 a. 2.
943.70 Computer crimes. section:
(1) DEFINITIONS.
In this
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(ag) “Access” means to instruct, communicate with, interact with, intercept, store data in, retrieve data from, or otherwise use the resources of. (am) “Computer” means an electronic device that performs logical, arithmetic and memory functions by manipulating electronic or magnetic impulses, and includes all input, output, processing, storage, computer software and communication facilities that are connected or related to a computer in a computer system or computer network. (b) “Computer network” means the interconnection of communication lines with a computer through remote terminals or a complex consisting of 2 or more interconnected computers. (c) “Computer program” means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data. (d) “Computer software” means a set of computer programs, procedures or associated documentation used in the operation of a computer system. (dm) “Computer supplies” means punchcards, paper tape, magnetic tape, disk packs, diskettes and computer output, including paper and microform. (e) “Computer system” means a set of related computer equipment, hardware or software. (f) “Data” means a representation of information, knowledge, facts, concepts or instructions that has been prepared or is being prepared in a formalized manner and has been processed, is being processed or is intended to be processed in a computer system or computer network. Data may be in any form including computer printouts, magnetic storage media, punched cards and as stored in the memory of the computer. Data are property. (g) “Financial instrument” includes any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or credit card, transaction authorization mechanism, marketable security and any computer representation of them. (gm) “Interruption in service” means inability to access a computer, computer program, computer system, or computer network, or an inability to complete a transaction involving a computer. (h) “Property” means anything of value, including but not limited to financial instruments, information, electronically produced data, digital property, as defined in s. 711.03 (10), computer software, and computer programs. (i) “Supporting documentation” means all documentation used in the computer system in the construction, clarification, implementation, use or modification of the software or data. (2) OFFENSES AGAINST COMPUTER DATA AND PROGRAMS. (a) Whoever willfully, knowingly and without authorization does any of the following may be penalized as provided in pars. (b) and (c): 1. Modifies data, computer programs or supporting documentation. 2. Destroys data, computer programs or supporting documentation. 3. Accesses computer programs or supporting documentation. 4. Takes possession of data, computer programs or supporting documentation. 5. Copies data, computer programs or supporting documentation. 6. Discloses restricted access codes or other restricted access information to unauthorized persons. (am) Whoever intentionally causes an interruption in service by submitting a message, or multiple messages, to a computer,
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computer program, computer system, or computer network that exceeds the processing capacity of the computer, computer program, computer system, or computer network may be penalized as provided in pars. (b) and (c). (b) Whoever violates par. (a) or (am) is guilty of: 1. A Class A misdemeanor unless any of subds. 2. to 4. applies. 2. A Class I felony if the offense is committed to defraud or to obtain property. 3g. A Class F felony if the offense results in damage valued at more than $2,500. 3r. A Class F felony if the offense causes an interruption or impairment of governmental operations or public communication, of transportation, or of a supply of water, gas, or other public service. 4. A Class F felony if the offense creates a substantial and unreasonable risk of death or great bodily harm to another. (c) If a person disguises the identity or location of the computer at which he or she is working while committing an offense under par. (a) or (am) with the intent to make it less likely that he or she will be identified with the crime, the penalties under par. (b) may be increased as follows: 1. In the case of a misdemeanor, the maximum fine prescribed by law for the crime may be increased by not more than $1,000 and the maximum term of imprisonment prescribed by law for the crime may be increased so that the revised maximum term of imprisonment is one year in the county jail. 2. In the case of a felony, the maximum fine prescribed by law for the crime may be increased by not more than $2,500 and the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 2 years. (3) OFFENSES AGAINST COMPUTERS, COMPUTER EQUIPMENT OR SUPPLIES. (a) Whoever willfully, knowingly and without authorization does any of the following may be penalized as provided in par. (b): 1. Modifies computer equipment or supplies that are used or intended to be used in a computer, computer system or computer network. 2. Destroys, uses, takes or damages a computer, computer system, computer network or equipment or supplies used or intended to be used in a computer, computer system or computer network. (b) Whoever violates this subsection is guilty of: 1. A Class A misdemeanor unless subd. 2., 3. or 4. applies. 2. A Class I felony if the offense is committed to defraud or obtain property. 3. A Class H felony if the damage to the computer, computer system, computer network, equipment or supplies is greater than $2,500. 4. A Class F felony if the offense creates a substantial and unreasonable risk of death or great bodily harm to another. (4) COMPUTER USE RESTRICTION. In addition to the other penalties provided for violation of this section, a judge may place restrictions on the offender’s use of computers. The duration of any such restrictions may not exceed the maximum period for which the offender could have been imprisoned; except if the offense is punishable by forfeiture, the duration of the restrictions may not exceed 90 days. (5) INJUNCTIVE RELIEF. Any aggrieved party may sue for injunctive relief under ch. 813 to compel compliance with this section. In addition, owners, lessors, users or manufacturers of computers, or associations or organizations representing any of those persons, may sue for injunctive relief to prevent or stop the disclosure of information which may enable another person to gain
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unauthorized access to data, computer programs or supporting documentation. History: 1981 c. 293; 1983 a. 438, 541; 1987 a. 399; 2001 a. 16, 109; 2015 a. 300. Judicial Council Note, 1988: [In (2) (b) 4. and (3) (b) 4.] The words “substantial risk” are substituted for “high probability” to avoid any inference that a statistical likelihood greater than 50 percent was ever intended. [Bill 191-S] This section is constitutional. Copyright law does not give a programmer a copyright in data entered into the programmer’s program, and copyright law does not preempt prosecution of the programmer for destruction of data entered into the program. State v. Corcoran, 186 Wis. 2d 616, 522 N.W.2d 226 (Ct. App. 1994). “Access codes or other restricted access information” in sub. (2) (a) 6. refers to codes, passwords, or other information that permits access to a computer system or to programs or data within a system; the phrase does not refer to the system, program, or data accessed. The statute was not meant to criminalize the disclosure of all types of information that could be stored on a computer, when that information was obtained with authorization in the first instance. Burbank Grease Services, LLC v. Sokolowski, 2006 WI 103, 294 Wis. 2d 274, 717 N.W.2d 781, 04-0468. Criminal liability for computer offenses and the new Wisconsin Computer Crimes Act. Levy. WBB Mar. 1983. 21st Century White Collar Crime: Intellectual Property Crimes in the Cyber World. Simon & Jones. Wis. Law. Oct. 2004.
943.74 Theft of farm-raised fish. (1) In this section: (a) “Farm-raised fish” means a fish that is kept on a fish farm for propagation purposes or reared on a fish farm and that has not been introduced, stocked, or planted into waters outside a fish farm and that has not escaped from a fish farm. (b) “Fish farm” means a facility at which a person, including this state or a local governmental unit, hatches fish eggs or rears fish for the purpose of introduction into the waters of the state, human or animal consumption, permitting fishing, or use as bait or fertilizer or for sale to another person to rear for one of those purposes. (c) “Local governmental unit” means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district, or a combination or subunit of any of the foregoing. (2) No person may intentionally take and carry away, transfer, conceal, or retain possession of farm-raised fish of another without the other’s consent and with intent to deprive the owner permanently of possession of the farm-raised fish. (3) (a) Except as provided in par. (b), whoever violates sub. (2) is guilty of a Class A misdemeanor. (b) Whoever violates sub. (2) after having been convicted of a violation of sub. (2) is guilty of a Class D felony. History: 2001 a. 91, 105.
943.75 Unauthorized release of animals. (1) In this section: (ad) “Animal” means all vertebrate and invertebrate species, including mammals, birds, fish and shellfish but excluding humans. (am) “Humane officer” means an officer appointed under s. 173.03. (b) “Local health officer” has the meaning given in s. 250.01 (5). (2) Whoever intentionally releases an animal that is lawfully confined for companionship or protection of persons or property, recreation, exhibition, or educational purposes, acting without the consent of the owner or custodian of the animal, is guilty of a Class C misdemeanor. A 2nd violation of this subsection by a person is a Class A misdemeanor. A 3rd or subsequent violation of this subsection by a person is a Class I felony. (2m) Whoever intentionally releases an animal that is lawfully confined for scientific, farming, restocking, research or commercial purposes, acting without the consent of the owner or custodian of the animal, is guilty of a Class H felony. (3) Subsections (2) and (2m) do not apply to any humane officer, local health officer, peace officer, employee of the depart-
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ment of natural resources while on any land licensed under s. 169.15, 169.18, or 169.19, subject to certification under s. 90.21, or designated as a wildlife refuge under s. 29.621 (1) or employee of the department of agriculture, trade and consumer protection if the officer’s or employee’s acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties. This subsection does not limit any other person from claiming the defense of privilege under s. 939.45 (3). (4) When the existence of an exception under sub. (3) has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the exception do not exist in order to sustain a finding of guilt under sub. (2) or (2m). History: 1991 a. 20, 269; 1993 a. 27; 1995 a. 79; 1997 a. 27, 192, 248; 1999 a. 45; 2001 a. 56, 109.
943.76 Infecting animals with a contagious disease. (1) In this section: (a) “Livestock” means cattle, horses, swine, sheep, goats, farm-raised deer, as defined in s. 95.001 (1) (ag), poultry, and other animals used or to be used in the production of food, fiber, or other commercial products. (b) “Paratuberculosis” has the meaning given in s. 95.001 (1) (c). (c) “Reckless conduct” means conduct that creates a substantial risk of an animal’s death or a substantial risk of bodily harm to an animal if the actor is aware of that risk. (2) (a) Whoever intentionally introduces a contagious or infectious disease into livestock without the consent of the owner of the livestock is guilty of a Class F felony. (b) Whoever intentionally introduces a contagious or infectious disease into wild deer without the consent of the department of natural resources is guilty of a Class F felony. (3) (a) Whoever, through reckless conduct, introduces a contagious or infectious disease other than paratuberculosis into livestock without the consent of the owner of the livestock is guilty of a Class A misdemeanor. (b) Whoever, through reckless conduct, introduces a contagious or infectious disease other than paratuberculosis into wild deer without the consent of the department of natural resources is guilty of a Class A misdemeanor. (c) This subsection does not apply if the actor’s conduct is undertaken pursuant to a directive issued by the department of agriculture, trade and consumer protection or an agreement between the actor and the department of agriculture, trade and consumer protection, if the purpose of the directive or the agreement is to prevent or control the spread of the disease. (4) (a) Whoever intentionally threatens to introduce a contagious or infectious disease into livestock located in this state without the consent of the owner of the livestock is guilty of a Class H felony if one of the following applies: 1. The owner of the livestock is aware of the threat and reasonably believes that the actor will attempt to carry out the threat. 2. The owner of the livestock is unaware of the threat, but if the owner were apprised of the threat, it would be reasonable for the owner to believe that the actor would attempt to carry out the threat. (b) Whoever intentionally threatens to introduce a contagious or infectious disease into wild deer located in this state without the consent of the department of natural resources is guilty of a Class H felony if one of the following applies: 1. The department of natural resources is aware of the threat and reasonably believes that the actor will attempt to carry out the threat. 2. The department of natural resources is unaware of the
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threat, but if the department were apprised of the threat, it would be reasonable for the department to believe that the actor would attempt to carry out the threat. History: 2001 a. 16, 109; 2003 a. 321.
SUBCHAPTER IV CRIMES AGAINST FINANCIAL INSTITUTIONS 943.80 Definitions. In this subchapter: (1) “Financial crime” means a crime under ss. 943.81 to 943.90 or any other felony committed against a financial institution or an attempt or conspiracy to commit one of these crimes. (2) “Financial institution” means a bank, as defined in s. 214.01 (1) (c), a savings bank, as defined in s. 214.01 (1) (t), a savings and loan association, a trust company, a credit union, as defined in s. 186.01 (2), a mortgage banker, as defined in s. 224.71 (3), or a mortgage broker, as defined in s. 224.71 (4), whether chartered under the laws of this state, another state or territory, or under the laws of the United States; a company that controls, is controlled by, or is under common control with a bank, a savings bank, a savings and loan association, a trust company, a credit union, a mortgage banker, or a mortgage broker; or a person licensed under s. 138.09, other than a person who agrees for a fee to hold a check for a period of time before negotiating or presenting the check for payment and other than a pawnbroker, as defined in s. 138.10 (1) (a). History: 2005 a. 212; 2013 a. 360.
943.81 Theft from a financial institution. Whoever knowingly uses, transfers, conceals, or takes possession of money, funds, credits, securities, assets, or property owned by or under the custody or control of a financial institution without authorization from the financial institution and with intent to convert it to his or her own use or to the use of any person other than the owner or financial institution may be penalized as provided in s. 943.91. History: 2005 a. 212.
943.82 Fraud against a financial institution. (1) Whoever obtains money, funds, credits, assets, securities, or other property owned by or under the custody or control of a financial institution by means of false pretenses, representations, or promises, or by use of any fraudulent device, scheme, artifice, or monetary instrument may be penalized as provided in s. 943.91. (2) Whoever falsely represents that he or she is a financial institution or a representative of a financial institution for the purpose of obtaining money, goods, or services from any person or for the purpose of obtaining or recording a person’s personal identifying information, as defined in s. 943.201 (1) (b), is guilty of Class H felony. History: 2005 a. 212.
943.825 Interference with automated teller machine. Whoever intentionally causes impairment or interruption of use, in whole or in part, of an automated teller machine or customer bank communications terminal is guilty of a Class H felony. History: 2023 a. 128.
943.83 Loan fraud. Whoever with intent to defraud a financial institution knowingly overvalues or makes a false statement concerning any land, security, or other property for the purpose of influencing the financial institution to take or defer any action in connection with a loan or loan application may be penalized as provided in s. 943.91 according to the value of the loan. History: 2005 a. 212.
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943.84 Transfer of encumbered property. (1) Whoever, with intent to defraud, conveys real property which he or she knows is encumbered, without informing the grantee of the existence of the encumbrance may be penalized as provided in s. 943.91. (2) Whoever, with intent to defraud, does any of the following may be penalized as provided in s. 943.91: (a) Conceals, removes or transfers any personal property in which he or she knows another has a security interest; or (b) In violation of the security agreement, fails or refuses to pay over to the secured party the proceeds from the sale of property subject to a security interest. (3) It is prima facie evidence of an intent to defraud within the meaning of sub. (2) (a) if a person, with knowledge that the security interest exists, removes or sells the property without either the consent of the secured party or authorization by the security agreement and fails within 72 hours after service of written demand for the return of the property either to return it or, in the event that return is not possible, to make full disclosure to the secured party of all the information the person has concerning its disposition, location and possession. (4) In this section “security interest” means an interest in property which secures payment or other performance of an obligation; “security agreement” means the agreement creating the security interest; “secured party” means the person designated in the security agreement as the person in whose favor there is a security interest or, in the case of an assignment of which the debtor has been notified, the assignee. (5) In prosecutions for violation of sub. (2) arising out of transfers of livestock subject to a security agreement in violation of the terms of the security agreement, evidence that the debtor who transferred the livestock signed or endorsed any writing arising from the transaction, including a check or draft, which states that the transfer of the livestock is permitted by the secured party establishes a rebuttable presumption of intent to defraud. History: 1977 c. 173; 1979 c. 144; 1993 a. 486; 2001 a. 109; 2005 a. 212 s. 7m; Stats. 2005 s. 943.84. It is not necessary that a security interest be perfected by filing to support a conviction under this section. State v. Tew, 54 Wis. 2d 361, 195 N.W.2d 615 (1972). “Removal” under sub. (2) (a) refers to a permanent change in situs, not necessarily across state lines. A showing of diligence by the secured party in seeking the secured property is not required. Jameson v. State, 74 Wis. 2d 176, 246 N.W.2d 541 (1976). Sub. (1) is not unconstitutionally vague. Liens were effective as encumbrances on the date work was performed or materials supplied. State v. Lunz, 86 Wis. 2d 695, 273 N.W.2d 767 (1979).
943.85 Bribery involving a financial institution. (1) Whoever, with intent to defraud a financial institution, confers, offers, or agrees to confer a benefit on an employee, agent, or fiduciary of the financial institution without the consent of the financial institution and with intent to influence the employee’s, agent’s, or fiduciary’s conduct in relation to the affairs of the institution is guilty of a Class H felony. (2) Any employee, agent, or fiduciary of a financial institution who without the consent of the financial institution and with intent to defraud the financial institution solicits, accepts, or agrees to accept any benefit from another person pursuant to an agreement that the employee, agent, or fiduciary will act in a certain manner in relation to the affairs of the financial institution is guilty of a Class H felony. History: 2005 a. 212.
943.86 Extortion against a financial institution. Whoever for the purpose of obtaining money, funds, credits, securities, assets, or property owned by or under the custody or control of a financial institution threatens to cause bodily harm to an owner, employee, or agent of a financial institution or to cause
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damage to property owned by or under the custody or control of the financial institution is guilty of a Class H felony. History: 2005 a. 212.
943.87 Robbery of a financial institution. Whoever by use of force or threat to use imminent force, or by creating circumstances that would cause a reasonable person to believe use of force was imminent, takes from an individual or in the presence of an individual money or property that is owned by or under the custody or control of a financial institution is guilty of Class C felony. History: 2005 a. 212; 2023 a. 133. The state did not offer direct evidence of the bank’s charter, a required element of the crime of robbery of a financial institution. The law does not require either introduction of the charter itself or testimony from a witness with personal knowledge of the charter. Circumstantial evidence may suffice to prove an essential element of the crime charged. State v. Eady, 2016 WI App 12, 366 Wis. 2d 711, 875 N.W.2d 139, 15-0110.
943.88 Organizer of financial crimes. Whoever commits 3 or more financial crimes within an 18-month period is guilty of a Class E felony if all of the following conditions apply: (1) Each of the crimes is committed in concert with a person whom the actor supervises, organizes, finances, or manages. The person need not be the same for each of the crimes. (2) At least one of the crimes is committed on or after April 11, 2006. History: 2005 a. 212.
943.89 Mail fraud. Whoever does any of the following to further commission of a financial crime or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, furnish, or procure for an unlawful purpose any counterfeit currency, obligation, or security is guilty of a Class H felony: (1) Deposits or causes any matter to be deposited in a United States post office or authorized depository for United States mail. (2) Deposits or causes to be deposited any matter or thing to be sent or delivered by a commercial carrier. (3) Takes or receives any matter or a thing sent or delivered by United States mail or by a commercial carrier. History: 2005 a. 212.
943.895 Money laundering. (1) DEFINITIONS. In this section: (a) “Proceeds” means property or anything of value acquired or derived directly or indirectly from, produced through, realized through, or caused by an act or omission. (b) “Transaction” has the meaning given in s. 946.79 (1) (f). (2) PROHIBITED CONDUCT. (a) Whoever does any of the following may be penalized as provided in sub. (3): 1. Knowingly receives or acquires proceeds that the person knows are derived from unlawful activity or conducts a transaction involving proceeds that the person knows are derived from unlawful activity. 2. Knowingly directs, plans, organizes, initiates, finances, manages, supervises, or facilitates the transportation or transfer of proceeds that the person knows are derived from unlawful activity. 3. Knowingly gives, sells, transfers, trades, invests, conceals, transports, or otherwise makes available proceeds that the person knows are intended to be used for the purpose of committing or furthering the commission of unlawful activity. 4. Knowingly conducts a transaction that involves proceeds that the person knows are derived from unlawful activity that is designed in whole or in part to do one of the following: a. Conceal or disguise the nature, location, source, ownership, or control of the proceeds obtained through unlawful activity.
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b. Avoid a transaction reporting requirement under federal law. (b) For the purposes of par. (a), knowledge that the proceeds are derived from unlawful activity does not require knowledge of the specific nature of the unlawful activity involved. (c) In any case involving more than one violation of par. (a), all such violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design. (3) PENALTIES. A person who violates sub. (2) (a) is guilty of the following: (a) If the total value of the proceeds involved in the transaction does not exceed $2,500, a Class A misdemeanor. (b) If the total value of the proceeds involved in the transaction exceeds $2,500 but does not exceed $5,000, a Class I felony. (c) If the total value of the proceeds involved in the transaction exceeds $5,000 but does not exceed $10,000, a Class H felony. (d) If the total value of the proceeds involved in the transaction exceeds $10,000 but does not exceed $100,000, a Class G felony. (e) If the total value of the proceeds involved in the transaction exceeds $100,000, a Class F felony. (4) FINANCIAL INSTITUTIONS. A financial institution that has complied with all applicable money laundering reporting requirements under federal law is not criminally liable under this section. History: 2019 a. 161.
943.90 Wire fraud against a financial institution. Whoever transmits or causes to be transmitted electrically, electromagnetically, or by light any signal, writing, image, sound, or data for the purpose of committing a financial crime is guilty of a Class H felony. History: 2005 a. 212.
943.91 Penalties. Whoever violates s. 943.81, 943.82 (1), 943.83, or 943.84 is guilty of the following: (1) If the value of the money, funds, credits, securities, assets, property, proceeds from sale, or loan does not exceed $500, a Class A misdemeanor. (2) If the value of the money, funds, credits, securities, assets, property, proceeds from sale, or loan does not exceed $500, and the person has previously been convicted of an misdemeanor or felony under s. 943.10, 943.12, 943.20 to 943.75, or 943.81 to 943.90, a Class I felony. (3) If the value of the money, funds, credits, securities, assets, property, proceeds from sale, or loan exceeds $500 but does not exceed $10,000, a Class H felony. (4) If the value of the money, funds, credits, securities, assets, property, proceeds from sale, or loan exceeds $10,000 but does not exceed $100,000, a Class G felony. (5) If the value of the money, funds, credits, securities, assets, property, proceeds from sale, or loan exceeds $100,000, a Class E felony. History: 2005 a. 212.
943.92 Increased penalty for multiple financial crimes. If a person is convicted of committing 3 or more financial crimes in an 18-month period, the term of imprisonment for the 3rd or subsequent crime in the 18-month period may be increased as follows: (1) A maximum term of imprisonment of one year or less may be increased to not more than 2 years. (2) A maximum term of imprisonment of more than one year but not more than 10 years may be increased by not more than 2
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years if the prior convictions were for misdemeanors and by not more than 4 years if at least one of the prior convictions was for a felony. (3) A maximum term of imprisonment of more than 10 years
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may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 6 years if at least one of the prior convictions was for a felony. History: 2005 a. 212.
May 22, 2026, are designated by NOTES. (Published 5-22-26)