943.203(3)
(3) It is an affirmative defense to a prosecution under this section that the defendant was authorized by law to engage in the conduct that is the subject of the prosecution. A defendant who raises this affirmative defense has the burden of proving the defense by a preponderance of the evidence.
943.203(4)
(4) If an entity reports to a law enforcement agency for the jurisdiction in which the entity is located that identifying information or an identification document belonging to the entity reasonably appears to be in the possession of another in violation of this section or that another has used or has attempted to use it in violation of this section, the agency shall prepare a report on the alleged violation. If the law enforcement agency concludes that it appears not to have jurisdiction to investigate the violation, it shall inform the entity which law enforcement agency may have jurisdiction. A copy of a report prepared under this subsection shall be furnished upon request to the entity that made the request, subject to payment of any reasonable fee for the copy.
943.203 History
History: 2003 a. 36,
320.
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 co-owner 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 I 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
Pricing policies, cost markups, and the amount of a company's bid for a particular project were not trade secrets. Wisconsin Electric Power Co. v. PSC,
110 Wis. 2d 530,
329 N.W.2d 178 (1983).
943.205 Annotation
21st Century White Collar Crime: Intellectual Property Crimes in the Cyber World. Simon & Jones. Wis. Law. Oct. 2004.
943.206(1)
(1) “Manufacturer" means a person who transfers sounds to a recording.
943.206(2)
(2) “Owner" means the person who owns sounds in or on a recording from which the transferred recorded sounds are directly or indirectly derived.
943.206(3)
(3) “Performance" means a recital, rendering or playing of a series of words or other sounds, either alone or in combination with images or physical activity.
943.206(4)
(4) “Performance owner" means the performer or performers or the person to whom the performer or performers have transferred, through a contract, the right to sell recordings of a performance.
943.206(5)
(5) “Recording" means a medium on or in which sounds or images or both are stored.
943.206 History
History: 1999 a. 51,
186.
943.207
943.207
Transfer of recorded sounds for unlawful use. 943.207(1)(1) Whoever does any of the following may be penalized as provided in
sub. (3m):
943.207(1)(a)
(a) Intentionally transfers, without the consent of the owner, any sounds first embodied in or on a recording before February 15, 1972, with intent to sell or rent the recording into or onto which such sounds are transferred for commercial advantage or private financial gain.
943.207(1)(b)
(b) Advertises, offers for sale or rent, sells, rents or possesses a recording with knowledge that sounds have been transferred into or onto it in violation of
par. (a).
943.207(1)(c)
(c) Transports a recording within this state for commercial advantage or private financial gain with knowledge that sounds have been transferred into or onto the recording in violation of
par. (a).
943.207(3m)(a)(a) Whoever violates this section is guilty of a Class A misdemeanor under any of the following circumstances:
943.207(3m)(a)1.
1. If the person transfers sounds into or onto fewer than 1,000 recordings or advertises, offers for sale or rent, sells, rents, possesses or transports fewer than 1,000 recordings in violation of
sub. (1) during a 180-day period, and the value of the recordings does not exceed $2,500.
943.207(3m)(a)2.
2. If the person transfers sounds on or to the Internet in violation of
sub. (1), the transferred sounds are never replayed or are replayed by others from the Internet fewer than 1,000 times during a 180-day period, and the value of the transferred sounds does not exceed $2,500.
943.207(3m)(b)
(b) Whoever violates this section is guilty of a Class I felony under any of the following circumstances:
943.207(3m)(b)1.
1. If the person transfers sounds into or onto fewer than 1,000 recordings or advertises, offers for sale or rent, sells, rents, possesses or transports fewer than 1,000 recordings in violation of
sub. (1) during a 180-day period, and the value of the recordings exceeds $2,500.
943.207(3m)(b)2.
2. If the person transfers sounds on or to the Internet in violation of
sub. (1), the transferred sounds are replayed by others from the Internet fewer than 1,000 times during a 180-day period, and the value of the transferred sounds involved in the violation exceeds $2,500.
943.207(3m)(c)
(c) Whoever violates this section is guilty of a Class H felony under any of the following circumstances:
943.207(3m)(c)1.
1. If the person transfers sounds into or onto at least 1,000 recordings or advertises, offers for sale or rent, sells, rents, possesses or transports at least 1,000 recordings in violation of
sub. (1) during a 180-day period.
943.207(3m)(c)2.
2. If the person transfers sounds on or to the Internet in violation of
sub. (1) and the transferred sounds are replayed by others from the Internet at least 1,000 times during a 180-day period.
943.207(3m)(c)3.
3. If the violation occurs after the person has been convicted under this section.
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.
943.208
943.208
Recording performance without consent of performance owner. 943.208(1)
(1) Whoever does any of the following for commercial advantage or private financial gain may be penalized as provided in
sub. (2):
943.208(1)(a)
(a) Creates a recording of a performance without consent of the performance owner and with intent to sell or rent the recording.
943.208(1)(b)
(b) Advertises, offers for sale or rent, sells, rents or transports a recording of a performance with knowledge that the sounds, images or both from the performance embodied in the recording were recorded without the consent of the performance owner.
943.208(1)(c)
(c) Possesses with intent to advertise, offer for sale or rent, sell, rent or transport a recording of a performance with knowledge that the sounds, images or both from the performance embodied in the recording were recorded without the consent of the performance owner.
943.208(2)(a)(a) Whoever violates
sub. (1) is guilty of a Class A misdemeanor 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 does not exceed $2,500.
943.208(2)(b)
(b) Whoever violates
sub. (1) is guilty of a Class 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.
943.208(2)(c)
(c) Whoever violates
sub. (1) is guilty of a Class 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.
943.208(3)
(3) Under this section, the number of recordings that a person rents shall be the sum of the number of times in which each individual recording is rented.
943.208 History
History: 1999 a. 51;
2001 a. 109.
943.209
943.209
Failure to disclose manufacturer of recording. 943.209(1)(1) Whoever does any of the following for commercial advantage or private financial gain may be penalized as provided in
sub. (2):
943.209(1)(a)
(a) Knowingly advertises, offers for sale or rent, sells, rents or transports a recording that does not contain the name and address of the manufacturer in a prominent place on the cover, jacket or label of the recording.
943.209(1)(b)
(b) Possesses with intent to advertise, offer for sale or rent, sell, rent or transport a recording that does not contain the name and address of the manufacturer in a prominent place on the cover, jacket or label of the recording.
943.209(2)(a)(a) Whoever violates
sub. (1) is guilty of a Class A misdemeanor 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 does not exceed $2,500.
943.209(2)(b)
(b) Whoever violates
sub. (1) is guilty of a Class 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.
943.209(2)(c)
(c) Whoever violates
sub. (1) is guilty of a Class 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.
943.209(3)
(3) Under this section, the number of recordings that a person rents shall be the sum of the number of times that each individual recording is rented.
943.209 History
History: 1999 a. 51;
2001 a. 109.
943.21
943.21
Fraud on hotel or restaurant keeper, recreational attraction, taxicab operator, or gas station. 943.21(1c)(1c) In this section, “recreational attraction" means a public accommodation designed for amusement and includes chair lifts or ski resorts, water parks, theaters, entertainment venues, racetracks, swimming pools, trails, golf courses, carnivals, and amusement parks.
943.21(1m)
(1m) Whoever does any of the following may be penalized as provided in
sub. (3):
943.21(1m)(a)
(a) Having obtained any beverage, food, lodging, ticket or other means of admission, or other service or accommodation at any campground, hotel, motel, boarding or lodging house, restaurant, or recreational attraction, intentionally absconds without paying for it.
943.21(1m)(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(1m)(c)
(c) Having obtained any transportation service from a taxicab operator, intentionally absconds without paying for the service.
943.21(1m)(d)
(d) Having obtained gasoline or diesel fuel from a service station, garage, or other place where gasoline or diesel fuel is sold at retail or offered for sale at retail, intentionally absconds without paying for the gasoline or diesel fuel.
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(2g)
(2g) If a person has obtained a ticket, another means of admission, or an accommodation or service provided by the recreational attraction, his or her failure or refusal to pay a recreational attraction the established charge for the ticket, other means of admission, or accommodation or service provided by the recreational attraction constitutes prima facie evidence of an intent to abscond without payment.
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(2r)
(2r) The failure or refusal to pay a service station, garage, or other place where gasoline or diesel fuel is sold at retail or offered for sale at retail the established charge for gasoline or diesel fuel provided by the service station, garage, or other place constitutes prima facie evidence of an intent to abscond without payment.
943.21(3)(am)1.
1. Is guilty of a Class A misdemeanor when the value of any beverage, food, lodging, accommodation, transportation or other service is $2,500 or less.
943.21(3)(am)2.
2. Is guilty of a Class I felony when the value of any beverage, food, lodging, accommodation, transportation or other service exceeds $2,500.
