Amendment ASA1-AB3

AB3-ASA1, s. 424 Section 424. 943.01 (2) (intro.) of the statutes is amended to read:

AB3-ASA1,112,11 943.01 (2) (intro.) Any person violating sub. (1) under any of the following circumstances is guilty of a Class D I felony:

AB3-ASA1, s. 425 Section 425. 943.01 (2) (d) of the statutes is amended to read:

AB3-ASA1,112,16 943.01 (2) (d) If the total property damaged in violation of sub. (1) is reduced in value by more than $1,000 $2,000. For the purposes of this paragraph, property is reduced in value by the amount which it would cost either to repair or replace it, whichever is less.

AB3-ASA1, s. 426 Section 426. 943.01 (2g) of the statutes is repealed.

AB3-ASA1, s. 427 Section 427. 943.011 (2) (intro.) of the statutes is amended to read:

AB3-ASA1,112,20 943.011 (2) (intro.) Whoever does any of the following is guilty of a Class D I felony:

AB3-ASA1, s. 428 Section 428. 943.012 (intro.) of the statutes is amended to read:

AB3-ASA1,113,2 943.012 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:

AB3-ASA1, s. 429 Section 429. 943.013 (2) (intro.) of the statutes is amended to read:

AB3-ASA1,113,6 943.013 (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:

AB3-ASA1, s. 430 Section 430. 943.014 (2) of the statutes is amended to read:

AB3-ASA1,113,13 943.014 (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.

AB3-ASA1, s. 431 Section 431. 943.015 (2) (intro.) of the statutes is amended to read:

AB3-ASA1,113,18 943.015 (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:

AB3-ASA1, s. 432 Section 432. 943.017 (2) (intro.) of the statutes is amended to read:

AB3-ASA1,113,21 943.017 (2) (intro.) Any person violating sub. (1) under any of the following circumstances is guilty of a Class D I felony:

AB3-ASA1, s. 433 Section 433. 943.017 (2) (d) of the statutes is amended to read:

AB3-ASA1,114,2 943.017 (2) (d) If the total property affected in violation of sub. (1) is reduced in value by more than $1,000 $2,000. For the purposes of this paragraph, property is reduced in value by the amount which it would cost to repair or replace it or to remove the marking, drawing, writing or etching, whichever is less.

AB3-ASA1, s. 434 Section 434. 943.017 (2m) (b) (intro.) of the statutes is amended to read:

AB3-ASA1,114,5 943.017 (2m) (b) (intro.) Whoever does any of the following is guilty of a Class D I felony:

AB3-ASA1, s. 435 Section 435. 943.02 (1) (intro.) of the statutes is amended to read:

AB3-ASA1,114,8 943.02 (1) (intro.) Whoever does any of the following is guilty of a Class B C felony:

AB3-ASA1, s. 436 Section 436. 943.03 of the statutes is amended to read:

AB3-ASA1,114,13 943.03 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.

AB3-ASA1, s. 437 Section 437. 943.04 of the statutes is amended to read:

AB3-ASA1,114,19 943.04 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.

AB3-ASA1, s. 438 Section 438. 943.06 (2) of the statutes is amended to read:

AB3-ASA1,114,22 943.06 (2) Whoever possesses, manufactures, sells, offers for sale, gives or transfers a fire bomb is guilty of a Class E H felony.

AB3-ASA1, s. 439 Section 439. 943.07 (1) of the statutes is amended to read:

AB3-ASA1,115,2 943.07 (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.

AB3-ASA1, s. 440 Section 440. 943.07 (2) of the statutes is amended to read:

AB3-ASA1,115,5 943.07 (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.

AB3-ASA1, s. 441 Section 441. 943.10 (1) (intro.) of the statutes is amended to read:

AB3-ASA1,115,9 943.10 (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:

AB3-ASA1, s. 442 Section 442. 943.10 (2) (intro.) of the statutes is amended to read:

AB3-ASA1,115,12 943.10 (2) (intro.) Whoever violates sub. (1) under any of the following circumstances is guilty of a Class B E felony:

AB3-ASA1, s. 443 Section 443. 943.12 of the statutes is amended to read:

AB3-ASA1,115,18 943.12 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.

AB3-ASA1, s. 444 Section 444. 943.20 (3) (a) of the statutes is amended to read:

AB3-ASA1,115,21 943.20 (3) (a) If the value of the property does not exceed $1,000 $2,000, is guilty of a Class A misdemeanor.

AB3-ASA1, s. 445 Section 445. 943.20 (3) (b) of the statutes is amended to read:

AB3-ASA1,115,24 943.20 (3) (b) If the value of the property exceeds $1,000 $2,000 but does not $2,500 exceed $5,000, is guilty of a Class E I felony.

AB3-ASA1, s. 446 Section 446. 943.20 (3) (bm) of the statutes is created to read:

AB3-ASA1,116,2 943.20 (3) (bm) If the value of the property exceeds $5,000 but does not exceed $10,000, is guilty of a Class H felony.

AB3-ASA1, s. 447 Section 447. 943.20 (3) (c) of the statutes is amended to read:

AB3-ASA1,116,5 943.20 (3) (c) If the value of the property exceeds $2,500 $10,000, is guilty of a Class C G felony.

AB3-ASA1, s. 448 Section 448. 943.20 (3) (d) (intro.) of the statutes is amended to read:

AB3-ASA1,116,8 943.20 (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:

AB3-ASA1, s. 449 Section 449. 943.20 (3) (d) 1. of the statutes is amended to read:

AB3-ASA1,116,10 943.20 (3) (d) 1. The property is a domestic animal ; or.

AB3-ASA1, s. 450 Section 450. 943.20 (3) (d) 2. of the statutes is renumbered 943.20 (3) (e) and amended to read:

AB3-ASA1,116,14 943.20 (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.

AB3-ASA1, s. 451 Section 451. 943.20 (3) (d) 3. of the statutes is amended to read:

AB3-ASA1,116,18 943.20 (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.

AB3-ASA1, s. 452 Section 452. 943.20 (3) (d) 4. of the statutes is amended to read:

AB3-ASA1,116,21 943.20 (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.

AB3-ASA1, s. 453 Section 453. 943.201 (2) of the statutes is amended to read:

AB3-ASA1,117,3 943.201 (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.

AB3-ASA1, s. 454 Section 454. 943.205 (3) of the statutes is amended to read:

AB3-ASA1,117,5 943.205 (3) Anyone who violates this section is guilty of a Class E I felony.

AB3-ASA1, s. 455 Section 455. 943.207 (3m) (b) (intro.) of the statutes is amended to read:

AB3-ASA1,117,8 943.207 (3m) (b) (intro.) Whoever violates this section is guilty of a Class D I felony under any of the following circumstances:

AB3-ASA1, s. 456 Section 456. 943.207 (3m) (c) (intro.) of the statutes is amended to read:

AB3-ASA1,117,11 943.207 (3m) (c) (intro.) Whoever violates this section is guilty of a Class C H felony under any of the following circumstances:

AB3-ASA1, s. 457 Section 457. 943.208 (2) (b) of the statutes is amended to read:

AB3-ASA1,117,17 943.208 (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.

AB3-ASA1, s. 458 Section 458. 943.208 (2) (c) of the statutes is amended to read:

AB3-ASA1,117,23 943.208 (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.

AB3-ASA1, s. 459 Section 459. 943.209 (2) (b) of the statutes is amended to read:

AB3-ASA1,118,4 943.209 (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.

AB3-ASA1, s. 460 Section 460. 943.209 (2) (c) of the statutes is amended to read:

AB3-ASA1,118,9 943.209 (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.

AB3-ASA1, s. 461 Section 461. 943.21 (3) (a) of the statutes is amended to read:

AB3-ASA1,118,13 943.21 (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.

AB3-ASA1, s. 462 Section 462. 943.21 (3) (b) of the statutes is amended to read:

AB3-ASA1,118,16 943.21 (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.

AB3-ASA1, s. 463 Section 463. 943.23 (1g) of the statutes is amended to read:

AB3-ASA1,118,20 943.23 (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.

AB3-ASA1, s. 464 Section 464. 943.23 (1m) of the statutes is repealed.

AB3-ASA1, s. 465 Section 465. 943.23 (1r) of the statutes is repealed.

AB3-ASA1, s. 466 Section 466. 943.23 (2) of the statutes is amended to read:

AB3-ASA1,119,3 943.23 (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.

AB3-ASA1, s. 467 Section 467. 943.23 (3) of the statutes is amended to read:

AB3-ASA1,119,7 943.23 (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.

AB3-ASA1, s. 468 Section 468. 943.23 (3m) of the statutes is created to read:

AB3-ASA1,119,14 943.23 (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.

AB3-ASA1, s. 469 Section 469. 943.23 (4m) of the statutes is amended to read:

AB3-ASA1,119,19 943.23 (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.