SB357: Bill Text

SB357,206,11 943.20 (3) (d) 4. The property is taken after physical disaster, riot, bombing or the proximity of battle has necessitated its removal from a building ; or.

SB357, s. 592 Section 592. 943.201 (2) of the statutes is amended to read:

SB357,206,18 943.201 (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 H felony.

SB357, s. 593 Section 593. 943.205 (3) of the statutes is amended to read:

SB357,206,20 943.205 (3) Anyone who violates this section is guilty of a Class E I felony.

SB357, s. 594 Section 594. 943.21 (3) (a) of the statutes is amended to read:

SB357,206,24 943.21 (3) (a) Is guilty of a Class A misdemeanor when the value of any beverage, food, lodging, accommodation, transportation or other service is $1,000 $2,000 or less.

SB357, s. 595 Section 595. 943.21 (3) (b) of the statutes is amended to read:

SB357,207,2 943.21 (3) (b) Is guilty of a Class E I felony when the value of any beverage, food, lodging, accommodation, transportation or other service exceeds $1,000 $2,000.

SB357, s. 596 Section 596. 943.23 (1g) of the statutes is amended to read:

SB357,207,6 943.23 (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 C felony.

SB357, s. 597 Section 597. 943.23 (1m) of the statutes is repealed.

SB357, s. 598 Section 598. 943.23 (1r) of the statutes is repealed.

SB357, s. 599 Section 599. 943.23 (2) of the statutes is amended to read:

SB357,207,12 943.23 (2) Whoever Except as provided in sub. (3m), whoever intentionally takes and drives any vehicle without the consent of the owner is guilty of a Class D H felony.

SB357, s. 600 Section 600. 943.23 (3) of the statutes is amended to read:

SB357,207,16 943.23 (3) Whoever Except as provided in sub. (3m), whoever intentionally drives or operates any vehicle without the consent of the owner is guilty of a Class E I felony.

SB357, s. 601 Section 601. 943.23 (3m) of the statutes is created to read:

SB357,207,23 943.23 (3m) It is an affirmative defense to a prosecution for a violation of sub. (2) or (3) if the defendant abandoned the vehicle without damage within 24 hours after the vehicle was taken from the possession of the owner. An affirmative defense under this subsection mitigates the offense to a Class A misdemeanor. A defendant who raises this affirmative defense has the burden of proving the defense by a preponderance of the evidence.

SB357, s. 602 Section 602. 943.23 (4m) of the statutes is amended to read:

SB357,208,4 943.23 (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) or (3m) is guilty of a Class A misdemeanor.

SB357, s. 603 Section 603. 943.23 (5) of the statutes is amended to read:

SB357,208,9 943.23 (5) Whoever intentionally removes a major part of a vehicle without the consent of the owner is guilty of a Class E I 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.

SB357, s. 604 Section 604. 943.24 (1) of the statutes is amended to read:

SB357,208,13 943.24 (1) Whoever issues any check or other order for the payment of not more than $1,000 $2,000 which, at the time of issuance, he or she intends shall not be paid is guilty of a Class A misdemeanor.

SB357, s. 605 Section 605. 943.24 (2) of the statutes is amended to read:

SB357,208,19 943.24 (2) Whoever issues any single check or other order for the payment of more than $1,000 $2,000 or whoever within a 15-day period issues more than one check or other order amounting in the aggregate to more than $1,000 $2,000 which, at the time of issuance, the person intends shall not be paid is guilty of a Class E I felony.

SB357, s. 606 Section 606. 943.25 (1) of the statutes is amended to read:

SB357,208,23 943.25 (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 is guilty of a Class E I felony.

SB357, s. 607 Section 607. 943.25 (2) (intro.) of the statutes is amended to read:

SB357,209,2 943.25 (2) (intro.) Whoever, with intent to defraud, does any of the following is guilty of a Class E I felony:

SB357, s. 608 Section 608. 943.26 (2) of the statutes is amended to read:

SB357,209,5 943.26 (2) If the security is impaired by more than $1,000 $2,000, the mortgagor or vendee is guilty of a Class E I felony.

SB357, s. 609 Section 609. 943.27 of the statutes is amended to read:

SB357,209,13 943.27 Possession of records of certain usurious loans. Any person who knowingly possesses any writing representing or constituting a record of a charge of, contract for, receipt of or demand for a rate of interest or consideration exceeding $20 upon $100 for one year computed upon the declining principal balance of the loan, use or forbearance of money, goods or things in action or upon the loan, use or sale of credit is, if the rate is prohibited by a law other than this section, guilty of a Class E I felony.

SB357, s. 610 Section 610. 943.28 (2) of the statutes is amended to read:

SB357,209,17 943.28 (2) Whoever makes any extortionate extension of credit, or conspires to do so, if one or more of the parties to the conspiracy does an act to effect its object, is guilty of a Class C F felony.

SB357, s. 611 Section 611. 943.28 (3) of the statutes is amended to read:

SB357,209,22 943.28 (3) Whoever advances money or property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profit-sharing agreement, or otherwise, for the purpose of making extortionate extensions of credit, is guilty of a Class C F felony.

SB357, s. 612 Section 612. 943.28 (4) of the statutes is amended to read:

SB357,210,3 943.28 (4) Whoever knowingly participates in any way in the use of any extortionate means to collect or attempt to collect any extension of credit, or to punish any person for the nonrepayment thereof, is guilty of a Class C F felony.

SB357, s. 613 Section 613. 943.30 (1) of the statutes is amended to read:

SB357,210,11 943.30 (1) Whoever, either verbally or by any written or printed communication, maliciously threatens to accuse or accuses another of any crime or offense, or threatens or commits any injury to the person, property, business, profession, calling or trade, or the profits and income of any business, profession, calling or trade of another, with intent thereby to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened to do any act against the person's will or omit to do any lawful act, is guilty of a Class D H felony.

SB357, s. 614 Section 614. 943.30 (2) of the statutes is amended to read:

SB357,210,15 943.30 (2) Whoever violates sub. (1) by obstructing, delaying or affecting commerce or business or the movement of any article or commodity in commerce or business is guilty of a Class D H felony.

SB357, s. 615 Section 615. 943.30 (3) of the statutes is amended to read:

SB357,210,19 943.30 (3) Whoever violates sub. (1) by attempting to influence any petit or grand juror, in the performance of his or her functions as such, is guilty of a Class D H felony.

SB357, s. 616 Section 616. 943.30 (4) of the statutes is amended to read:

SB357,210,22 943.30 (4) Whoever violates sub. (1) by attempting to influence the official action of any public officer is guilty of a Class D H felony.

SB357, s. 617 Section 617. 943.30 (5) (b) of the statutes is amended to read:

SB357,211,3 943.30 (5) (b) Whoever, orally or by any written or printed communication, maliciously uses, or threatens to use, the patient health care records of another person, with intent thereby to extort money or any pecuniary advantage, or with intent to compel the person so threatened to do any act against the person's will or omit to do any lawful act, is guilty of a Class D H felony.

SB357, s. 618 Section 618. 943.31 of the statutes is amended to read:

SB357,211,9 943.31 Threats to communicate derogatory information. Whoever threatens to communicate to anyone information, whether true or false, which would injure the reputation of the threatened person or another unless the threatened person transfers property to a person known not to be entitled to it is guilty of a Class E I felony.

SB357, s. 619 Section 619. 943.32 (1) (intro.) of the statutes is amended to read:

SB357,211,13 943.32 (1) (intro.) Whoever, with intent to steal, takes property from the person or presence of the owner by either of the following means is guilty of a Class C E felony:

SB357, s. 620 Section 620. 943.32 (2) of the statutes is amended to read:

SB357,211,18 943.32 (2) Whoever violates sub. (1) by use or threat of use of a dangerous weapon, a device or container described under s. 941.26 (4) (a) or any article used or fashioned in a manner to lead the victim reasonably to believe that it is a dangerous weapon or such a device or container is guilty of a Class B C felony.

SB357, s. 621 Section 621. 943.34 (1) (a) of the statutes is amended to read:

SB357,211,21 943.34 (1) (a) A Class A misdemeanor, if the value of the property does not exceed $1,000 $2,000.

SB357, s. 622 Section 622. 943.34 (1) (b) of the statutes is amended to read:

SB357,211,24 943.34 (1) (b) A Class E I felony, if the value of the property exceeds $1,000 $2,000 but does not more than $2,500 exceed $5,000.

SB357, s. 623 Section 623. 943.34 (1) (bm) of the statutes is created to read:

SB357,212,2 943.34 (1) (bm) A Class H felony, if the value of the property exceeds $5,000 but does not exceed $10,000.

SB357, s. 624 Section 624. 943.34 (1) (c) of the statutes is amended to read:

SB357,212,5 943.34 (1) (c) A Class C G felony, if the value of the property exceeds $2,500 $10,000.

SB357, s. 625 Section 625. 943.38 (1) (intro.) of the statutes is amended to read:

SB357,212,10 943.38 (1) (intro.) 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 C H felony:

SB357, s. 626 Section 626. 943.38 (2) of the statutes is amended to read:

SB357,212,14 943.38 (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 C H felony.

SB357, s. 627 Section 627. 943.39 (intro.) of the statutes is amended to read:

SB357,212,17 943.39 Fraudulent writings. (intro.) Whoever, with intent to injure or defraud, does any of the following is guilty of a Class D H felony:

SB357, s. 628 Section 628. 943.395 (2) (a) of the statutes is amended to read:

SB357,212,20 943.395 (2) (a) Is guilty of a Class A misdemeanor if the value of the claim or benefit does not exceed $1,000 $2,000.

SB357, s. 629 Section 629. 943.395 (2) (b) of the statutes is amended to read:

SB357,212,23 943.395 (2) (b) Is guilty of a Class E I felony if the value of the claim or benefit exceeds $1,000 $2,000.

SB357, s. 630 Section 630. 943.40 (intro.) of the statutes is amended to read:

SB357,213,2 943.40 Fraudulent destruction of certain writings. (intro.) Whoever with intent to defraud does either of the following is guilty of a Class D H felony:

SB357, s. 631 Section 631. 943.41 (8) (b) of the statutes is amended to read:

SB357,213,5 943.41 (8) (b) Any person violating any provision of sub. (3) (e), (4) (a), (6) (c) or (6m) is guilty of a Class E I felony.

SB357, s. 632 Section 632. 943.41 (8) (c) of the statutes is amended to read:

SB357,213,17 943.41 (8) (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 $1,000 $2,000 is guilty of a Class A misdemeanor; if the value of the money, goods, services or property exceeds $1,000 $2,000 but does not exceed $2,500 $5,000, in a single transaction or in separate transactions within a period not exceeding 6 months, the person is guilty of a Class E 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 the money, goods, services or property exceeds $2,500 $10,000, in a single transaction or in separate transactions within a period not exceeding 6 months, the person is guilty of a Class C G felony.

SB357, s. 633 Section 633. 943.45 (3) (c) of the statutes is amended to read:

SB357,213,21 943.45 (3) (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 E felony A misdemeanor.

SB357, s. 634 Section 634. 943.45 (3) (d) of the statutes is amended to read:

SB357,213,25 943.45 (3) (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 D I felony.

SB357, s. 635 Section 635. 943.455 (4) (c) of the statutes is amended to read:

SB357,214,4 943.455 (4) (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 E felony A misdemeanor.

SB357, s. 636 Section 636. 943.455 (4) (d) of the statutes is amended to read:

SB357,214,8 943.455 (4) (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 D I felony.