943.207(1)(1) Whoever does any of the following may be penalized as provided in sub. (3):
943.207(1)(a) (a) Knowingly and wilfully transfers or causes to be transferred, without the consent of the owner, any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded, with intent to sell or cause to be sold, the article onto which such sounds are transferred.
943.207(1)(b) (b) Advertises, offers for sale or sells any article onto which sounds have been transferred as described in par. (a), with the knowledge that the sounds thereon have been so transferred without the consent of the owner.
943.207(2) (2) In this section "owner" means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film or other device used for reproducing recorded sounds on phonograph records, discs, tapes, films or other articles on which sound is recorded, and from which the transferred recorded sounds are directly or indirectly derived.
943.207(3) (3)
943.207(3)(a)(a) Any person violating sub. (1) (a) is guilty of a Class B misdemeanor for the first offense, and for any subsequent offense is guilty of a Class A misdemeanor.
943.207(3)(b) (b) Any person violating sub. (1) (b) is guilty of a Class B misdemeanor.
943.207(3)(c) (c) Each unlawful transfer under sub. (1) (a) and each unlawful advertisement, offer or sale under sub. (1) (b) constitutes a separate offense.
943.207(4) (4) This section does not apply to:
943.207(4)(a) (a) The transfer by a cable television operator or radio or television broadcaster of any recorded sounds, other than from the sound track of a motion picture, intended for, or in connection with, broadcast or other transmission or related uses, or for archival purposes.
943.207(4)(b) (b) The transfer of any video tape or nonvideo audio tape intended for possible use in a civil or criminal action or special proceeding in a court of record.
943.207 History History: 1975 c. 300; 1977 c. 173.
943.21 943.21 Fraud on hotel or restaurant keeper or taxicab operator.
943.21(1)(1) Whoever does any of the following may be penalized as provided in sub. (3):
943.21(1)(a) (a) Having obtained any beverage, food, lodging or other service or accommodation at any campground, hotel, motel, boarding or lodging house, or restaurant, intentionally absconds without paying for it.
943.21(1)(b) (b) While a guest at any campground, hotel, motel, boarding or lodging house, or restaurant, intentionally defrauds the keeper thereof in any transaction arising out of the relationship as guest.
943.21(1)(c) (c) Having obtained any transportation service from a taxicab operator, intentionally absconds without paying for the service.
943.21(2) (2) Under this section, prima facie evidence of an intent to defraud is shown by:
943.21(2)(a) (a) The refusal of payment upon presentation when due, and the return unpaid of any bank check or order for the payment of money, given by any guest to any campground, hotel, motel, boarding or lodging house, or restaurant, in payment of any obligation arising out of the relationship as guest. Those facts also constitute prima facie evidence of an intent to abscond without payment.
943.21(2)(b) (b) The failure or refusal of any guest at a campground, hotel, motel, boarding or lodging house, or restaurant, to pay, upon written demand, the established charge for any beverage, food, lodging or other service or accommodation actually rendered.
943.21(2)(c) (c) The giving of false information on a lodging registration form or the giving of false information or presenting of false or fictitious credentials for the purpose of obtaining any beverage or food, lodging or credit.
943.21(2)(d) (d) The drawing, endorsing, issuing or delivering to any campground, hotel, motel, boarding or lodging house, or restaurant, of any check, draft or order for payment of money upon any bank or other depository, in payment of established charges for any beverage, food, lodging or other service or accommodation, knowing at the time that there is not sufficient credit with the drawee bank or other depository for payment in full of the instrument drawn.
943.21(2m) (2m) The refusal to pay a taxicab operator the established charge for transportation service provided by the operator constitutes prima facie evidence of an intent to abscond without payment.
943.21(3) (3) Whoever violates this section:
943.21(3)(a) (a) Is guilty of a Class A misdemeanor when the value of any beverage, food, lodging, accommodation, transportation or other service is $1,000 or less.
943.21(3)(b) (b) Is guilty of a Class E felony when the value of any beverage, food, lodging, accommodation, transportation or other service exceeds $1,000.
943.21(4) (4)
943.21(4)(a)(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. A victim may not be compensated under this section and s. 943.212.
943.21(4)(b) (b) This subsection is applicable in actions concerning violations of ordinances in conformity with this section.
943.21(5) (5) A judgment may not be entered for a violation of this section or for a violation of an ordinance adopted in conformity with this section, regarding conduct that was the subject of a judgment including exemplary damages under s. 943.212.
943.21 History History: 1977 c. 173; 1979 c. 239, 242; 1991 a. 39, 65, 189; 1995 a. 160.
943.212 943.212 Fraud on hotel or restaurant keeper or taxicab operator; civil liability.
943.212(1) (1) Any person who incurs injury to his or her business or property as a result of a violation of s. 943.21 may bring a civil action against any adult or emancipated minor who caused the loss for all of the following:
943.212(1)(a) (a) The retail value of the beverage, food, lodging, accommodation, transportation or service involved in the violation. A person may recover under this paragraph only if he or she exercises due diligence in demanding payment for the beverage, food, lodging, accommodation, transportation or service.
943.212(1)(b) (b) Any property damages not covered under par. (a).
943.212(2) (2) In addition to sub. (1), if the person who incurs the injury prevails, the judgment in the action may grant any of the following:
943.212(2)(a) (a) Exemplary damages of not more than 3 times the amount under sub. (1) (a) and (b). No additional proof is required for an award of exemplary damages under this paragraph. Exemplary damages may not be granted for conduct that was the subject of a judgment for violation of s. 943.21 or an ordinance adopted in conformity with that section.
943.212(2)(b)1.1. Notwithstanding the limitations of s. 814.04, reasonable attorney fees for actions commenced under ch. 801.
943.212(2)(b)2. 2. Attorneys fees under s. 799.25 for actions commenced under ch. 799.
943.212(3) (3) Notwithstanding sub. (2), the total amount awarded for exemplary damages and attorney fees may not exceed $300.
943.212(4) (4) At least 20 days prior to commencing an action, as specified in s. 801.02, under this section, the plaintiff shall notify the defendant, by mail, of his or her intent to bring the action and of the acts constituting the basis for the violation of s. 943.21. The plaintiff shall send the notice by regular mail supported by an affidavit of service of mailing or by a certificate of mailing obtained from the U.S. post office from which the mailing was made. The plaintiff shall mail the notice to the defendant's last-known address or to the address provided on the check or order. If the defendant pays the amount due for the beverage, food, lodging, accommodation, transportation or service prior to the commencement of the action, he or she is not liable under this section.
943.212(5) (5) The plaintiff has the burden of proving by a preponderance of the evidence that a violation occurred under s. 943.21. A conviction under s. 943.21 is not a condition precedent to bringing an action, obtaining a judgment or collecting that judgment under this section.
943.212(6) (6) A person is not criminally liable under s. 943.30 for any civil action brought in good faith under this section.
943.212(7) (7) 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).
943.212 History History: 1991 a. 65; 1995 a. 160.
943.215 943.215 Absconding without paying rent.
943.215(1) (1) Whoever having obtained the tenancy, as defined in s. 704.01 (4), of residential property he or she is entitled to occupy, intentionally absconds without paying all current and past rent due is guilty of a Class A misdemeanor.
943.215(2) (2) A person has a defense to prosecution under sub. (1) if he or she has provided the landlord with a security deposit that equals or exceeds the amount that the person owes the landlord regarding rent and damage to property.
943.215(3) (3) A person has a defense to prosecution under sub. (1) if, within 5 days after the day he or she vacates the rental premises, he or she pays all current and past rent due or provides to the landlord, in writing, a complete and accurate forwarding address.
943.215(4) (4) When the existence of a defense under sub. (2) or (3) has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the defense do not exist in order to sustain a finding of guilt under sub. (1).
943.215(5) (5)Subsection (1) does not apply to any tenant against whom a civil judgment has been entered for punitive damages because the tenant left the premises with unpaid rent.
943.215 History History: 1989 a. 336.
943.22 943.22 Use of cheating tokens. Whoever obtains the property or services of another by depositing anything which he or she knows is not lawful money or an authorized token in any receptacle used for the deposit of coins or tokens is subject to a Class C forfeiture.
943.22 History History: 1977 c. 173.
943.225 943.225 Refusal to pay for a motor bus ride.
943.225(1) (1) In this section, "motor bus" has the meaning specified in s. 340.01 (31).
943.225(2) (2) Whoever intentionally enters a motor bus that transports persons for hire and refuses to pay, without delay, upon demand of the operator or other person in charge of the motor bus, the prescribed transportation fare is subject to a Class E forfeiture.
943.225 History History: 1987 a. 171.
943.23 943.23 Operating vehicle without owner's consent.
943.23(1)(1) In this section:
943.23(1)(a) (a) "Drive" means the exercise of physical control over the speed and direction of a vehicle while it is in motion.
943.23(1)(b) (b) "Major part of a vehicle" means any of the following:
943.23(1)(b)1. 1. The engine.
943.23(1)(b)2. 2. The transmission.
943.23(1)(b)3. 3. Each door allowing entrance to or egress from the passenger compartment.
943.23(1)(b)4. 4. The hood.
943.23(1)(b)5. 5. The grille.
943.23(1)(b)6. 6. Each bumper.
943.23(1)(b)7. 7. Each front fender.
943.23(1)(b)8. 8. The deck lid, tailgate or hatchback.
943.23(1)(b)9. 9. Each rear quarter panel.
943.23(1)(b)10. 10. The trunk floor pan.
943.23(1)(b)11. 11. The frame or, in the case of a unitized body, the supporting structure which serves as the frame.
943.23(1)(b)12. 12. Any part not listed under subds. 1. to 11. which has a value exceeding $500.
943.23(1)(c) (c) "Operate" includes the physical manipulation or activation of any of the controls of a vehicle necessary to put it in motion.
943.23(1g) (1g) Whoever, while possessing a dangerous weapon and by the use of, or the threat of the use of, force or the weapon against another, intentionally takes any vehicle without the consent of the owner is guilty of a Class B felony.
943.23(1m) (1m) Whoever violates sub. (1g) and causes great bodily harm to another is guilty of a Class B felony and shall be sentenced to not less than 10 years of imprisonment, unless the sentencing court otherwise provides. If the court places the person on probation or imposes a sentence less than the 10-year presumptive minimum sentence, it shall place its reasons for doing so on the record.
943.23(1r) (1r) Whoever violates sub. (1g) and causes the death of another is guilty of a Class A felony.
943.23(2) (2) Whoever intentionally takes and drives any vehicle without the consent of the owner is guilty of a Class D felony.
943.23(3) (3) Whoever intentionally drives or operates any vehicle without the consent of the owner is guilty of a Class E felony.
943.23(4m) (4m) Whoever knows that the owner does not consent to the driving or operation of a vehicle and intentionally accompanies, as a passenger in the vehicle, a person while he or she violates sub. (1g), (1m), (1r), (2) or (3) is guilty of a Class A misdemeanor.
943.23(5) (5) Whoever intentionally removes a major part of a vehicle without the consent of the owner is guilty of a Class E felony. Whoever intentionally removes any other part or component of a vehicle without the consent of the owner is guilty of a Class A misdemeanor.
943.23(6) (6)
943.23(6)(a)(a) In this subsection, "pecuniary loss" has the meaning described in s. 943.245 (1).
943.23(6)(b) (b) In addition to the other penalties provided for violation of this section, a judge may require a violator to pay restitution to or on behalf of a victim regardless of whether the violator is placed on probation under s. 973.09. If restitution is ordered, the court shall consider the financial resources and future ability of the violator to pay and shall determine the method of payment. Upon the application of any interested party, the court may schedule and hold an evidentiary hearing to determine the value of the victim's pecuniary loss resulting from the offense.
943.23 History History: 1977 c. 173; 1987 a. 349; 1989 a. 359; 1993 a. 92.
943.23 Annotation To sustain a conviction of operating a car without the owner's consent it is not necessary that the driver be the person who actually took the car. Edwards v. State, 46 W (2d) 249, 174 NW (2d) 269.
943.23 Annotation Leaving vehicle because of threat of imminent arrest is involuntary relinquishment, not abandonment under (2). State v. Olson, 106 W (2d) 572, 317 NW (2d) 448 (1982).
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?