MISAPPROPRIATION.
943.20(1)(1)
Acts. Whoever does any of the following may be penalized as provided in
sub. (3):
943.20(1)(a)
(a) Intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property.
943.20(1)(b)
(b) By virtue of his or her office, business or employment, or as trustee or bailee, having possession or custody of money or of a negotiable security, instrument, paper or other negotiable writing of another, intentionally uses, transfers, conceals, or retains possession of such money, security, instrument, paper or writing without the owner's consent, contrary to his or her authority, and with intent to convert to his or her own use or to the use of any other person except the owner. A refusal to deliver any money or a negotiable security, instrument, paper or other negotiable writing, which is in his or her possession or custody by virtue of his or her office, business or employment, or as trustee or bailee, upon demand of the person entitled to receive it, or as required by law, is prima facie evidence of an intent to convert to his or her own use within the meaning of this paragraph.
943.20(1)(c)
(c) Having a legal interest in movable property, intentionally and without consent, takes such property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of such property.
943.20(1)(d)
(d) Obtains title to property of another person by intentionally deceiving the person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. "False representation" includes a promise made with intent not to perform it if it is a part of a false and fraudulent scheme.
943.20(1)(e)
(e) Intentionally fails to return any personal property which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement, within 10 days after the lease or rental agreement has expired.
943.20(2)(a)
(a) "Movable property" is property whose physical location can be changed, without limitation including electricity and gas, documents which represent or embody intangible rights, and things growing on, affixed to or found in land.
943.20(2)(b)
(b) "Property" means all forms of tangible property, whether real or personal, without limitation including electricity, gas and documents which represent or embody a chose in action or other intangible rights.
943.20(2)(c)
(c) "Property of another" includes property in which the actor is a coowner and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife.
943.20(2)(d)
(d) "Value" means the market value at the time of the theft or the cost to the victim of replacing the property within a reasonable time after the theft, whichever is less, but if the property stolen is a document evidencing a chose in action or other intangible right, value means either the market value of the chose in action or other right or the intrinsic value of the document, whichever is greater. If the thief gave consideration for, or had a legal interest in, the stolen property, the amount of such consideration or value of such interest shall be deducted from the total value of the property.
943.20(3)(a)
(a) If the value of the property does not exceed $1,000, is guilty of a Class A misdemeanor.
943.20(3)(b)
(b) If the value of the property exceeds $1,000 but not $2,500, is guilty of a Class E felony.
943.20(3)(c)
(c) If the value of the property exceeds $2,500, is guilty of a Class C felony.
943.20(3)(d)
(d) If the value of the property does not exceed $2,500 and any of the following circumstances exist, is guilty of a Class D felony:
943.20(3)(d)2.
2. The property is taken from the person of another or from a corpse; or
943.20(3)(d)3.
3. The property is taken from a building which has been destroyed or left unoccupied because of physical disaster, riot, bombing or the proximity of battle; or
943.20(3)(d)4.
4. The property is taken after physical disaster, riot, bombing or the proximity of battle has necessitated its removal from a building; or
943.20(3)(d)6.
6. The property is taken from a patient or resident of a facility or program under
s. 940.295 (2) or from a vulnerable adult.
943.20(4)
(4) Use of photographs as evidence. In any action or proceeding for a violation of
sub. (1), a party may use duly identified and authenticated photographs of property which was the subject of the violation in lieu of producing the property.
943.20 Cross-reference
Cross-reference: Misappropriation of funds by contractor or subcontractor as theft, see s.
779.02 (5).
943.20 Annotation
If one person takes property from the person of another and a 2nd person carries it away, the evidence may show a theft from the person under (1) (a) and (3) (d) 2., either on a theory of conspiracy or of complicity. Hawpetoss v. State, 52 W (2d) 71, 187 NW (2d) 823.
943.20 Annotation
Theft is a lesser included offense of the crime of robbery. Moore v. State, 55 W (2d) 1, 197 NW (2d) 820.
943.20 Annotation
Attempted theft by false representation (signing another's name to a car purchase contract) is not an included crime of forgery (signing the owner's name to a car title to be traded in). State v. Fuller, 57 W (2d) 408, 204 NW (2d) 452.
943.20 Annotation
Under (1) (d) it is not necessary that the person who parts with property be induced to do so by a false and fraudulent scheme; he must be deceived by a false representation which is part of such a scheme. Schneider v. State, 60 W (2d) 765, 211 NW (2d) 511.
943.20 Annotation
In abolishing action for breach of promise to marry, legislature did not sanction either civil or criminal fraud by the breaching party against property of a duped victim. Restrictions on civil actions for fraud under 248.06 are not applicable to related criminal actions. Lambert v. State, 73 W (2d) 590, 243 NW (2d) 524.
943.20 Annotation
Sub. (1) (a) should be read in the disjunctive so as to prohibit both the taking of and the exercise of unauthorized control over, property of another. Sale of stolen property is thus prohibited. State v. Genova, 77 W (2d) 141, 252 NW (2d) 380.
943.20 Annotation
State may not charge defendant under (1) (a) in the disjunctive by alleging that defendant took and carried away or used or transferred, etc. Jackson v. State, 92 W (2d) 1, 284 NW (2d) 685 (Ct. App. 1979).
943.20 Annotation
Circumstantial evidence of owner nonconsent was sufficient to support jury's verdict. State v. Lund, 99 W (2d) 152, 298 NW (2d) 533 (1980).
943.20 Annotation
See note to Art. I, sec. 16, citing State v. Roth, 115 W (2d) 163, 339 NW (2d) 807 (Ct. App. 1983).
943.20 Annotation
See note to Art. I, sec. 8, citing State v. Tappa, 127 W (2d) 155, 378 NW (2d) 883 (1985).
943.20 Annotation
Violation of (1) (d) doesn't require proof that accused personally received property. State v. O'Neil, 141 W (2d) 535, 416 NW (2d) 77 (Ct. App. 1987).
943.20 Annotation
"Obtains title to property", as used in (1) (d), includes obtaining property under a lease by fraudulent misrepresentation. State v. Meado, 163 W (2d) 789, 472 NW (2d) 567 (Ct. App. 1991).
943.20 Annotation
The federal tax on a fraudulently obtained airline ticket was properly included in its value for determining whether the offense was a felony under sub. (3). State v. McNearney, 175 W (2d) 485, NW (2d) (Ct. App. 1993).
943.20 Annotation
The definition of "bailee" under s. 407.102 (1) is not applicable to sub. (1) (b); definitions of "bailment" and "bailee" discussed. State v. Kuhn, 178 W (2d) 428, 504 NW (2d) 405 (Ct. App. 1993).
943.20 Annotation
Where the factual basis for a plea to felony theft does not establish the value of the property taken, the conviction must be set aside and replaced with a misdemeanor conviction. State v. Harrington, 181 W (2d) 985, 512 NW (2d) 261 (Ct. App. 1994).
943.20 Annotation
The words "uses", "transfers", "conceals" and "retains possession" in sub. (1) (b) are not synonyms describing the crime of theft but describe separate offenses. A jury must be instructed that there must be unanimous agreement on the manner in which the statute was violated. State v. Seymour, 183 W (2d) 682, 515 NW (2d) 874 (1994).
943.20 Annotation
Theft from the person includes theft of a purse from the handle of an occupied wheelchair. State v. Hughes, 218 W (2d) 538, 582 NW (2d) 49 (Ct. App. 1998).
943.20 Annotation
A landlord who failed to return or account for a security deposit ordinarily could not be prosecuted under this section. 60 Atty. Gen. 1.
943.20 Annotation
State court rulings that unauthorized control was sufficient to support conviction under (1) (d) was not unlawful broadening of offense so as to deprive defendant of notice and opportunity to defend. Hawkins v. Mathews, 495 F Supp. 323 (1980).
943.201
943.201
Misappropriation of personal identifying information or personal identification documents. 943.201(1)(a)
(a) "Personal identification document" means a birth certificate or a financial transaction card, as defined in
s. 943.41 (1) (em).
943.201(1)(b)
(b) "Personal identifying information" means any of the following information:
943.201(1)(b)7.
7. An identification number assigned to an individual by his or her employer.
943.201(2)
(2) Whoever intentionally uses or attempts to use any personal identifying information or personal identification document of an individual to obtain credit, money, goods, services or anything else of value without the authorization or consent of the individual and by representing that he or she is the individual or is acting with the authorization or consent of the individual is guilty of a Class D felony.
943.201 History
History: 1997 a. 101.
943.205
943.205
Theft of trade secrets. 943.205(1)
(1) Whoever with intent to deprive or withhold from the owner thereof the control of a trade secret, or with intent to appropriate a trade secret to his or her own use or the use of another not the owner, and without authority of the owner, does any of the following may be penalized as provided in
sub. (3):
943.205(1)(a)
(a) Takes, uses, transfers, conceals, exhibits or retains possession of property of the owner representing a trade secret.
943.205(1)(b)
(b) Makes or causes to be made a copy of property of the owner representing a trade secret.
943.205(1)(c)
(c) Obtains title to property representing a trade secret or a copy of such property by intentionally deceiving the owner with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. "False representation" includes a promise made with intent not to perform if it is a part of a false and fraudulent scheme.
943.205(2)(a)
(a) "Copy" means any facsimile, replica, photograph or other reproduction of any property and any notation, drawing or sketch made of or from any property.
943.205(2)(b)
(b) "Owner" includes a coowner of the person charged and a partnership of which the person charged is a member, unless the person charged and the victim are husband and wife.
943.205(2)(c)
(c) "Property" includes without limitation because of enumeration any object, material, device, substance, writing, record, recording, drawing, sample, specimen, prototype, model, photograph, micro-organism, blueprint or map, or any copy thereof.
943.205(2)(d)
(d) "Representing" means disclosing, embodying, describing, depicting, containing, constituting, reflecting or recording.
943.205(3)
(3) Anyone who violates this section is guilty of a Class E felony.
943.205(4)
(4) In a prosecution for a violation of this section it shall be no defense that the person charged returned or intended to return the property involved or that the person charged destroyed all copies made.
943.205(5)
(5) This section does not prevent anyone from using skills and knowledge of a general nature gained while employed by the owner of a trade secret.
943.205 Annotation
Insurance agency's customer list was not trade secret. Corroon & Black v. Hosch, 109 W (2d) 290, 325 NW (2d) 883 (1982).
943.205 Annotation
Pricing policies, cost markups or amount of company's bid for particular project are not trade secrets. Wis. Elec. Power Co. v. Public Service Comm. 110 W (2d) 530, 329 NW (2d) 178 (1983).
943.207
943.207
Transfer of recorded sounds for unlawful use; sale. 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)(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.
