LRB-3895/1
PJH:wlj:pg
2007 - 2008 LEGISLATURE
February 25, 2008 - Introduced by Representatives Albers and Kleefisch.
Referred to Committee on Criminal Justice.
AB874,1,3
1An Act to amend 943.34 (1) (intro.) and 943.50 (4) (c); and
to create 943.345 of
2the statutes;
relating to: the sale of stolen property on the Internet and
3providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who commits retail theft or who intentionally
receives or conceals stolen property is penalized based on the value of the property
or merchandise that was stolen. A person who commits retail theft or receives or
conceals the stolen property or merchandise is guilty of a Class A misdemeanor if the
value of the property or merchandise does not exceed $2,500, a Class I felony if the
value of the property or merchandise exceeds $2,500 but does not exceed $5,000, a
Class H felony if the value of the property or merchandise exceeds $5,000 but does
not exceed $10,000, and a Class G felony if the value of the property or merchandise
exceeds $10,000.
Under this bill, a person who commits retail theft with the intent to sell the
stolen property on the Internet is guilty of a Class G felony, regardless of the value
of the property. Under the bill, a person who purchases property he or she knows or
believes to be stolen over the Internet is guilty of a Class G felony, regardless of the
value of the property.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB874, s. 1
1Section
1. 943.34 (1) (intro.) of the statutes is amended to read:
AB874,2,32
943.34
(1) (intro.) Except as provided under s.
943.345 and 948.62, whoever
3intentionally receives or conceals stolen property is guilty of:
AB874, s. 2
4Section
2. 943.345 of the statutes is created to read:
AB874,2,7
5943.345 Purchasing stolen property on the Internet. Any person who
6uses the Internet to purchase property that the person knows or believes was
7obtained by the seller in violation of s. 943.50 is guilty of a Class G felony.
AB874, s. 3
8Section
3. 943.50 (4) (c) of the statutes is amended to read:
AB874,2,139
943.50
(4) (c) A Class G felony, if the value of the merchandise exceeds $10,000
10or if the person violated this section with the intent to sell the merchandise on the
11Internet. It is prima facie evidence that the person intends to sell the merchandise
12on the Internet if, within 90 days preceding the violation, the person sold the same
13or similar kind of merchandise on the Internet.
