Amendment JR2 ASA1-AB1

AB1-ASA1,255,19 943.011 (2) (intro.) Whoever does any of the following is guilty of a Class D I felony:

AB1-ASA1, s. 708 Section 708. 943.012 (intro.) of the statutes is amended to read:

AB1-ASA1,256,2 943.012 Criminal damage to or graffiti on religious and other property. (intro.) Whoever intentionally causes damage to, intentionally marks, draws or writes with ink or another substance on or intentionally etches into any physical property of another, without the person's consent and with knowledge of the character of the property, is guilty of a Class E I felony if the property consists of one or more of the following:

AB1-ASA1, s. 709 Section 709. 943.013 (2) (intro.) of the statutes is amended to read:

AB1-ASA1,256,6 943.013 (2) (intro.) Whoever intentionally causes or threatens to cause damage to any physical property that belongs to a judge or his or her family member under all of the following circumstances is guilty of a Class D I felony:

AB1-ASA1, s. 710 Section 710. 943.014 (2) of the statutes is amended to read:

AB1-ASA1,256,13 943.014 (2) Whoever intentionally demolishes a historic building without a permit issued by a city, village, town or county or without an order issued under s. 66.0413 shall be fined an amount equal to 2 times the fair market value of the historic building and the land upon which the building is located immediately prior to demolition and may be imprisoned for not more than 9 months is guilty of a Class A misdemeanor.

AB1-ASA1, s. 711 Section 711. 943.015 (2) (intro.) of the statutes is amended to read:

AB1-ASA1,256,18 943.015 (2) (intro.) Whoever intentionally causes or threatens to cause damage to any physical property which belongs to a department of revenue official, employee or agent or his or her family member under all of the following circumstances is guilty of a Class D I felony:

AB1-ASA1, s. 712 Section 712. 943.017 (2) (intro.) of the statutes is amended to read:

AB1-ASA1,256,21 943.017 (2) (intro.) Any person violating sub. (1) under any of the following circumstances is guilty of a Class D I felony:

AB1-ASA1, s. 713 Section 713. 943.017 (2m) (b) (intro.) of the statutes is amended to read:

AB1-ASA1,256,24 943.017 (2m) (b) (intro.) Whoever does any of the following is guilty of a Class D I felony:

AB1-ASA1, s. 715 Section 715. 943.02 (1) (intro.) of the statutes is amended to read:

AB1-ASA1,257,2 943.02 (1) (intro.) Whoever does any of the following is guilty of a Class B C felony:

AB1-ASA1, s. 716 Section 716. 943.03 of the statutes is amended to read:

AB1-ASA1,257,7 943.03 Arson of property other than building. Whoever, by means of fire, intentionally damages any property of another without the person's consent, if the property is not a building and has a value of $100 or more, is guilty of a Class E I felony.

AB1-ASA1, s. 717 Section 717. 943.04 of the statutes is amended to read:

AB1-ASA1,257,13 943.04 Arson with intent to defraud. Whoever, by means of fire, damages any property, other than a building, with intent to defraud an insurer of that property is guilty of a Class D H felony. Proof that the actor recovered or attempted to recover on a policy of insurance by reason of the fire is relevant but not essential to establish the actor's intent to defraud the insurer.

AB1-ASA1, s. 718 Section 718. 943.06 (2) of the statutes is amended to read:

AB1-ASA1,257,16 943.06 (2) Whoever possesses, manufactures, sells, offers for sale, gives or transfers a fire bomb is guilty of a Class E H felony.

AB1-ASA1, s. 719 Section 719. 943.07 (1) of the statutes is amended to read:

AB1-ASA1,257,21 943.07 (1) Whoever intentionally causes damage or who causes another person to damage, tamper, change or destroy any railroad track, switch, bridge, trestle, tunnel or signal or any railroad property used in providing rail services, which could cause an injury, accident or derailment is guilty of a Class A misdemeanor I felony.

AB1-ASA1, s. 720 Section 720. 943.07 (2) of the statutes is amended to read:

AB1-ASA1,257,24 943.07 (2) Whoever intentionally shoots a firearm at any portion of a railroad train, car, caboose or engine is guilty of a Class A misdemeanor I felony.

AB1-ASA1, s. 721 Section 721. 943.10 (1) (intro.) of the statutes is amended to read:

AB1-ASA1,258,3 943.10 (1) (intro.) Whoever intentionally enters any of the following places without the consent of the person in lawful possession and with intent to steal or commit a felony in such place is guilty of a Class C F felony:

AB1-ASA1, s. 722 Section 722. 943.10 (2) (intro.) of the statutes is amended to read:

AB1-ASA1,258,6 943.10 (2) (intro.) Whoever violates sub. (1) under any of the following circumstances is guilty of a Class B E felony:

AB1-ASA1, s. 723 Section 723. 943.12 of the statutes is amended to read:

AB1-ASA1,258,12 943.12 Possession of burglarious tools. Whoever has in personal possession any device or instrumentality intended, designed or adapted for use in breaking into any depository designed for the safekeeping of any valuables or into any building or room, with intent to use such device or instrumentality to break into a depository, building or room, and to steal therefrom, is guilty of a Class E I felony.

AB1-ASA1, s. 725 Section 725. 943.20 (3) (bf) of the statutes is created to read:

AB1-ASA1,258,15 943.20 (3) (bf) If the value of the property exceeds $2,500 but does not exceed $5,000, is guilty of a Class I felony.

AB1-ASA1, s. 726 Section 726. 943.20 (3) (bm) of the statutes is created to read:

AB1-ASA1,258,18 943.20 (3) (bm) If the value of the property exceeds $5,000 but does not exceed $10,000, is guilty of a Class H felony.

AB1-ASA1, s. 727 Section 727. 943.20 (3) (c) of the statutes is amended to read:

AB1-ASA1,258,21 943.20 (3) (c) If the value of the property exceeds $2,500 $10,000, is guilty of a Class C G felony.

AB1-ASA1, s. 728 Section 728. 943.20 (3) (d) (intro.) of the statutes is amended to read:

AB1-ASA1,258,24 943.20 (3) (d) (intro.) If the value of the property does not exceed $2,500 and any of the following circumstances exist exists, is guilty of a Class D H felony:

AB1-ASA1, s. 729 Section 729. 943.20 (3) (d) 1. of the statutes is amended to read:

AB1-ASA1,259,1 943.20 (3) (d) 1. The property is a domestic animal; or.

AB1-ASA1, s. 730 Section 730. 943.20 (3) (d) 2. of the statutes is renumbered 943.20 (3) (e) and amended to read:

AB1-ASA1,259,5 943.20 (3) (e) The If the property is taken from the person of another or from a corpse; or, is guilty of a Class G felony.

AB1-ASA1, s. 731 Section 731. 943.20 (3) (d) 3. of the statutes is amended to read:

AB1-ASA1,259,9 943.20 (3) (d) 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.

AB1-ASA1, s. 732 Section 732. 943.20 (3) (d) 4. of the statutes is amended to read:

AB1-ASA1,259,12 943.20 (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.

AB1-ASA1, s. 733 Section 733. 943.201 (2) of the statutes is amended to read:

AB1-ASA1,259,19 943.201 (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.

AB1-ASA1, s. 734 Section 734. 943.205 (3) of the statutes is amended to read:

AB1-ASA1,259,21 943.205 (3) Anyone who violates this section is guilty of a Class E I felony.

AB1-ASA1, s. 735 Section 735. 943.207 (3m) (b) (intro.) of the statutes is amended to read:

AB1-ASA1,259,24 943.207 (3m) (b) (intro.) Whoever violates this section is guilty of a Class D I felony under any of the following circumstances:

AB1-ASA1, s. 736 Section 736. 943.207 (3m) (c) (intro.) of the statutes is amended to read:

AB1-ASA1,260,2 943.207 (3m) (c) (intro.) Whoever violates this section is guilty of a Class C H felony under any of the following circumstances:

AB1-ASA1, s. 737 Section 737. 943.208 (2) (b) of the statutes is amended to read:

AB1-ASA1,260,8 943.208 (2) (b) Whoever violates sub. (1) is guilty of a Class D I felony if the person creates, advertises, offers for sale or rent, sells, rents, transports or possesses fewer than 1,000 recordings embodying sound or fewer than 100 audiovisual recordings in violation of sub. (1) during a 180-day period, and the value of the recordings exceeds $2,500.

AB1-ASA1, s. 738 Section 738. 943.208 (2) (c) of the statutes is amended to read:

AB1-ASA1,260,14 943.208 (2) (c) Whoever violates sub. (1) is guilty of a Class C H felony if the person creates, advertises, offers for sale or rent, sells, rents, transports or possesses at least 1,000 recordings embodying sound or at least 100 audiovisual recordings in violation of sub. (1) during a 180-day period or if the violation occurs after the person has been convicted under this section.

AB1-ASA1, s. 739 Section 739. 943.209 (2) (b) of the statutes is amended to read:

AB1-ASA1,260,19 943.209 (2) (b) Whoever violates sub. (1) is guilty of a Class D I felony if the person advertises, offers for sale or rent, sells, rents, transports or possesses fewer than 100 recordings in violation of sub. (1) during a 180-day period, and the value of the recordings exceeds $2,500.

AB1-ASA1, s. 740 Section 740. 943.209 (2) (c) of the statutes is amended to read:

AB1-ASA1,260,24 943.209 (2) (c) Whoever violates sub. (1) is guilty of a Class C H felony if the person advertises, offers for sale or rent, sells, rents, transports or possesses at least 100 recordings in violation of sub. (1) during a 180-day period or if the violation occurs after the person has been convicted under this section.

AB1-ASA1, s. 742 Section 742. 943.21 (3) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,261,4 943.21 (3) (b) Is guilty of a Class E I felony when the value of any beverage, food, lodging, accommodation, transportation or other service exceeds $2,500.

AB1-ASA1, s. 743 Section 743. 943.23 (1g) of the statutes is amended to read:

AB1-ASA1,261,8 943.23 (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.

AB1-ASA1, s. 744 Section 744. 943.23 (1m) of the statutes is repealed.

AB1-ASA1, s. 745 Section 745. 943.23 (1r) of the statutes is repealed.

AB1-ASA1, s. 746 Section 746. 943.23 (2) of the statutes is amended to read:

AB1-ASA1,261,14 943.23 (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.

AB1-ASA1, s. 747 Section 747. 943.23 (3) of the statutes is amended to read:

AB1-ASA1,261,18 943.23 (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.

AB1-ASA1, s. 748 Section 748. 943.23 (3m) of the statutes is created to read:

AB1-ASA1,261,25 943.23 (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.

AB1-ASA1, s. 749 Section 749. 943.23 (4m) of the statutes is amended to read:

AB1-ASA1,262,5 943.23 (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.

AB1-ASA1, s. 750 Section 750. 943.23 (5) of the statutes is amended to read:

AB1-ASA1,262,10 943.23 (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.

AB1-ASA1, s. 752 Section 752. 943.24 (2) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,262,16 943.24 (2) Whoever issues any single check or other order for the payment of more than $2,500 or whoever within a 15-day period issues more than one check or other order amounting in the aggregate to more than $2,500 which, at the time of issuance, the person intends shall not be paid is guilty of a Class E I felony.

AB1-ASA1, s. 753 Section 753. 943.25 (1) of the statutes is amended to read:

AB1-ASA1,262,20 943.25 (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.

AB1-ASA1, s. 754 Section 754. 943.25 (2) (intro.) of the statutes is amended to read:

AB1-ASA1,262,23 943.25 (2) (intro.) Whoever, with intent to defraud, does any of the following is guilty of a Class E I felony:

AB1-ASA1, s. 755 Section 755. 943.26 (2) of the statutes is amended to read:

AB1-ASA1,263,2 943.26 (2) If the security is impaired by more than $1,000, the mortgagor or vendee is guilty of a Class E I felony.

AB1-ASA1, s. 756 Section 756. 943.27 of the statutes is amended to read:

AB1-ASA1,263,10 943.27 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.