AB465: Bill Text

AB465, s. 383 Section 383. 941.37 (4) of the statutes is amended to read:

AB465,113,2 941.37 (4) Any person who violates sub. (3) and thereby contributes to the death of another is guilty of a Class C E felony.

AB465, s. 384 Section 384. 941.38 (1) (b) 4. of the statutes is amended to read:

AB465,113,5 941.38 (1) (b) 4. Battery, substantial battery or aggravated battery, as prohibited in s. 940.19 or 940.195.

AB465, s. 385 Section 385. 941.38 (2) of the statutes is amended to read:

AB465,113,8 941.38 (2) Whoever intentionally solicits a child to participate in criminal gang activity is guilty of a Class E I felony.

AB465, s. 386 Section 386. 943.01 (2) (intro.) of the statutes is amended to read:

AB465,113,11 943.01 (2) (intro.) Any person violating sub. (1) under any of the following circumstances is guilty of a Class D I felony:

AB465, s. 387 Section 387. 943.01 (2) (d) of the statutes is amended to read:

AB465,113,16 943.01 (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.

AB465, s. 388 Section 388. 943.01 (2g) of the statutes is repealed.

AB465, s. 389 Section 389. 943.011 (2) (intro.) of the statutes is amended to read:

AB465,113,20 943.011 (2) (intro.) Whoever does any of the following is guilty of a Class D I felony:

AB465, s. 390 Section 390. 943.012 (intro.) of the statutes is amended to read:

AB465,114,2 943.012 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:

AB465, s. 391 Section 391. 943.013 (2) (intro.) of the statutes is amended to read:

AB465,114,6 943.013 (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:

AB465, s. 392 Section 392. 943.014 (2) of the statutes is amended to read:

AB465,114,13 943.014 (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. 66.05 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.

AB465, s. 393 Section 393. 943.015 (2) (intro.) of the statutes is amended to read:

AB465,114,18 943.015 (2) (intro.) Whoever intentionally causes or threatens to cause damage to any physical property which belongs to a department of revenue official, employe or agent or his or her family member under all of the following circumstances is guilty of a Class D I felony:

AB465, s. 394 Section 394. 943.017 (2) (intro.) of the statutes is amended to read:

AB465,114,21 943.017 (2) (intro.) Any person violating sub. (1) under any of the following circumstances is guilty of a Class D I felony:

AB465, s. 395 Section 395. 943.017 (2) (d) of the statutes is amended to read:

AB465,115,2 943.017 (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.

AB465, s. 396 Section 396. 943.017 (2m) (b) (intro.) of the statutes is amended to read:

AB465,115,5 943.017 (2m) (b) (intro.) Whoever does any of the following is guilty of a Class D I felony:

AB465, s. 397 Section 397. 943.02 (1) (intro.) of the statutes is amended to read:

AB465,115,8 943.02 (1) (intro.) Whoever does any of the following is guilty of a Class B C felony:

AB465, s. 398 Section 398. 943.03 of the statutes is amended to read:

AB465,115,13 943.03 Arson of property other than building. Whoever, by means of fire, intentionally damages any property (other than a building) of another without the person's consent, if the property is of the value of $100 or more, is guilty of a Class E I felony.

AB465, s. 399 Section 399. 943.04 of the statutes is amended to read:

AB465,115,19 943.04 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.

AB465, s. 400 Section 400. 943.06 (2) of the statutes is amended to read:

AB465,115,22 943.06 (2) Whoever possesses, manufactures, sells, offers for sale, gives or transfers a fire bomb is guilty of a Class E H felony.

AB465, s. 401 Section 401. 943.07 (1) of the statutes is amended to read:

AB465,116,2 943.07 (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.

AB465, s. 402 Section 402. 943.07 (2) of the statutes is amended to read:

AB465,116,5 943.07 (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.

AB465, s. 403 Section 403. 943.10 (1) (intro.) of the statutes is amended to read:

AB465,116,9 943.10 (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:

AB465, s. 404 Section 404. 943.10 (2) (intro.) of the statutes is amended to read:

AB465,116,12 943.10 (2) (intro.) Whoever violates sub. (1) under any of the following circumstances is guilty of a Class B E felony:

AB465, s. 405 Section 405. 943.12 of the statutes is amended to read:

AB465,116,18 943.12 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.

AB465, s. 406 Section 406. 943.20 (3) (a) of the statutes is amended to read:

AB465,116,21 943.20 (3) (a) If the value of the property does not exceed $1,000 $2,000, is guilty of a Class A misdemeanor.

AB465, s. 407 Section 407. 943.20 (3) (b) of the statutes is amended to read:

AB465,116,24 943.20 (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.

AB465, s. 408 Section 408. 943.20 (3) (bm) of the statutes is created to read:

AB465,117,2 943.20 (3) (bm) If the value of the property exceeds $5,000 but does not exceed $10,000, is guilty of a Class H felony.

AB465, s. 409 Section 409. 943.20 (3) (c) of the statutes is amended to read:

AB465,117,5 943.20 (3) (c) If the value of the property exceeds $2,500 $10,000, is guilty of a Class C G felony.

AB465, s. 410 Section 410. 943.20 (3) (d) (intro.) of the statutes is amended to read:

AB465,117,8 943.20 (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:

AB465, s. 411 Section 411. 943.20 (3) (d) 1. of the statutes is amended to read:

AB465,117,10 943.20 (3) (d) 1. The property is a domestic animal ; or.

AB465, s. 412 Section 412. 943.20 (3) (d) 2. of the statutes is renumbered 943.20 (3) (e) and amended to read:

AB465,117,14 943.20 (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.

AB465, s. 413 Section 413. 943.20 (3) (d) 3. of the statutes is amended to read:

AB465,117,18 943.20 (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.

AB465, s. 414 Section 414. 943.20 (3) (d) 4. of the statutes is amended to read:

AB465,117,21 943.20 (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.

AB465, s. 415 Section 415. 943.201 (2) of the statutes is amended to read:

AB465,118,3 943.201 (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.

AB465, s. 416 Section 416. 943.205 (3) of the statutes is amended to read:

AB465,118,5 943.205 (3) Anyone who violates this section is guilty of a Class E I felony.

AB465, s. 417 Section 417. 943.21 (3) (a) of the statutes is amended to read:

AB465,118,9 943.21 (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.

AB465, s. 418 Section 418. 943.21 (3) (b) of the statutes is amended to read:

AB465,118,12 943.21 (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.

AB465, s. 419 Section 419. 943.23 (1g) of the statutes is amended to read:

AB465,118,16 943.23 (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.

AB465, s. 420 Section 420. 943.23 (1m) of the statutes is repealed.

AB465, s. 421 Section 421. 943.23 (1r) of the statutes is repealed.

AB465, s. 422 Section 422. 943.23 (2) of the statutes is amended to read:

AB465,118,22 943.23 (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.

AB465, s. 423 Section 423. 943.23 (3) of the statutes is amended to read:

AB465,119,3 943.23 (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.

AB465, s. 424 Section 424. 943.23 (3m) of the statutes is created to read:

AB465,119,10 943.23 (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.

AB465, s. 425 Section 425. 943.23 (4m) of the statutes is amended to read:

AB465,119,15 943.23 (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.

AB465, s. 426 Section 426. 943.23 (5) of the statutes is amended to read:

AB465,119,20 943.23 (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.

AB465, s. 427 Section 427. 943.24 (1) of the statutes is amended to read:

AB465,119,24 943.24 (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.

AB465, s. 428 Section 428. 943.24 (2) of the statutes is amended to read:

AB465,120,5 943.24 (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.