943.41(8)(c)
(c) Any person violating any provision of
sub. (5) or
(6) (a),
(b) or
(d), if the value of the money, goods, services or property illegally obtained does not exceed $1,000 is guilty of a Class A misdemeanor; if the value of the money, goods, services or property exceeds $1,000 but does not exceed $2,500, in a single transaction or in separate transactions within a period not exceeding 6 months, the person is guilty of a Class E felony; or if the value of the money, goods, services or property exceeds $2,500, the person is guilty of a Class C felony.
943.41 Annotation
Fraudulent use of credit card need not involve forgery. If forgery is involved, prosecutor has discretion to charge under either this section or 943.38. Mack v. State, 93 W (2d) 287, 286 NW (2d) 563 (1980).
943.45
943.45
Theft of telecommunications service. 943.45(1)
(1) No person may intentionally obtain or attempt to obtain telecommunications service, as defined in
s. 196.01 (9m), by any of the following means:
943.45(1)(a)
(a) Charging such service to an existing telephone number or credit card number without the consent of the subscriber thereto or the legitimate holder thereof.
943.45(1)(b)
(b) Charging such service to a false, fictitious, suspended, terminated, expired, canceled or revoked telephone number or credit card number.
943.45(1)(c)
(c) Rearranging, tampering with or making connection with any facilities or equipment.
943.45(1)(d)
(d) Using a code, prearranged scheme, or other stratagem or device whereby said person in effect sends or receives information.
943.45(1)(e)
(e) Using any other contrivance, device or means to avoid payment of the lawful charges, in whole or in part, for such service.
943.45(2)
(2) This section shall apply when the said telecommunications service either originates or terminates, or both, in this state, or when the charges for said telecommunications service would have been billable, in normal course, by a person providing telecommunications service in this state, but for the fact that said service was obtained, or attempted to be obtained, by one or more of the means set forth in
sub. (1).
943.45(3)
(3) The following penalties apply to violations of this section:
943.45(3)(a)
(a) Except as provided in
pars. (b) to
(d), any person who violates
sub. (1) is subject to a Class C forfeiture.
943.45(3)(b)
(b) Except as provided in
pars. (c) and
(d), any person who violates
sub. (1) as a 2nd or subsequent offense is guilty of a Class B misdemeanor.
943.45(3)(c)
(c) Except as provided in
par. (d), any person who violates
sub. (1) for direct or indirect commercial advantage or private financial gain is guilty of a Class E felony.
943.45(3)(d)
(d) Any person who violates
sub. (1) for direct or indirect commercial advantage or private financial gain as a 2nd or subsequent offense is guilty of a Class D felony.
943.45 Annotation
Each separate plan or scheme to obtain service by fraud is a separate chargeable offense. State v. Davis, 171 W (2d) 711, 492 NW (2d) 174 (Ct. App. 1992).
943.455
943.455
Theft of cellular telephone service. 943.455(1)(a)
(a) "Cellular telephone service" means any telecommunications service provided by a company over a cellular telephone system for payment.
943.455(2)
(2) Prohibitions. No person may intentionally do any of the following:
943.455(2)(a)
(a) Obtain or attempt to obtain cellular telephone service from a company by trick, artifice, deception, use of an illegal device or other fraudulent means with the intent to deprive that company of any or all lawful compensation for rendering each type of service obtained. The intent required for a violation of this paragraph may be inferred from the presence on the property and in the actual possession of the defendant of a device not authorized by the company, the major purpose of which is to permit reception of cellular telephone services without payment. This inference is rebutted if the defendant demonstrates that he or she purchased that device for a legitimate use.
943.455(2)(b)
(b) Give technical assistance or instruction to any person in obtaining or attempting to obtain any cellular telephone service without payment of all lawful compensation to the company providing that service. This paragraph does not apply if the defendant demonstrates that the technical assistance or instruction was given for a legitimate purpose.
943.455(2)(c)
(c) Maintain an ability to connect, whether physical, electronic, by radio wave or by other means, with any facilities, components or other devices used for the transmission of cellular telephone services for the purpose of obtaining cellular telephone service without payment of all lawful compensation to the company providing that service. The intent required for a violation of this paragraph may be inferred from proof that the cellular telephone service to the defendant was authorized under a service agreement with the defendant and has been terminated by the company and that thereafter there exists in fact an ability to connect to the company's cellular telephone system.
943.455(2)(d)
(d) Make or maintain any modification or alteration to any device installed with the authorization of a company for the purpose of obtaining any service offered by that company which that person is not authorized by that company to obtain. The intent required for a violation of this paragraph may be inferred from proof that, as a matter of standard procedure, the company places written warning labels on its telecommunications devices explaining that tampering with the device is a violation of law and the device is found to have been tampered with, altered or modified so as to allow the reception of services offered by the company without authority to do so.
943.455(2)(e)
(e) Possess without authority any device designed to receive from a company any services offered for sale by that company, whether or not the services are encoded, filtered, scrambled or otherwise made unintelligible, or designed to perform or facilitate the performance of any of the acts under
pars. (a) to
(d) with the intent that that device be used to receive that company's services without payment. Intent to violate this paragraph for direct or indirect commercial advantage or private financial gain may be inferred from proof of the existence on the property and in the actual possession of the defendant of a device if the totality of circumstances, including quantities or volumes, indicates possession for resale.
943.455(2)(f)
(f) Manufacture, import into this state, distribute, publish, advertise, sell, lease or offer for sale or lease any device or any plan or kit for a device designed to receive cellular telephone services offered for sale by a company, whether or not the services are encoded, filtered, scrambled or otherwise made unintelligible, with the intent that that device, plan or kit be used for obtaining a company's services without payment. The intent required for a violation of this paragraph may be inferred from proof that the defendant has sold, leased or offered for sale or lease any device, plan or kit for a device in violation of this paragraph and during the course of the transaction for sale or lease the defendant expressly states or implies to the buyer that the product will enable the buyer to obtain cellular telephone service without charge.
943.455(4)
(4) Penalties. The following penalties apply for violations of this section:
943.455(4)(b)
(b) Except as provided in
pars. (c) and
(d), any person who violates
sub. (2) (a) to
(f) as a 2nd or subsequent offense is guilty of a Class B misdemeanor.
943.455(4)(c)
(c) Except as provided in
par. (d), any person who violates
sub. (2) (a) to
(f) for direct or indirect commercial advantage or private financial gain is guilty of a Class E felony.
943.455(4)(d)
(d) Any person who violates
sub. (2) (a) to
(f) for direct or indirect commercial advantage or private financial gain as a 2nd or subsequent offense is guilty of a Class D felony.
943.455(5)
(5) Exception. This section does not affect the use by a person of cellular telephone services if the services have been paid for.
943.455 History
History: 1991 a. 39;
1993 a. 496.
943.46
943.46
Theft of cable television service. 943.46(1)(a)
(a) "Cable television service" has the meaning given in
s. 196.01 (1p). "Cable television service" does not include signals received by privately owned antennas that are not connected to a cable television system whether or not the same signals are provided by a cable television company.
943.46(1)(b)
(b) "Private financial gain" does not include the gain resulting to any individual from the private use in that individual's dwelling unit of any programming for which the individual has not obtained authorization.
943.46(2)
(2) Prohibitions. No person may intentionally do any of the following:
943.46(2)(a)
(a) Obtain or attempt to obtain cable television service from a company by trick, artifice, deception, use of an illegal device or illegal decoder or other fraudulent means with the intent to deprive that company of any or all lawful compensation for rendering each type of service obtained. The intent required for a violation of this paragraph may be inferred from the presence on the property and in the actual possession of the defendant of a device not authorized by the cable television company, the major purpose of which is to permit reception of cable television services without payment. This inference is rebutted if the defendant demonstrates that he or she purchased that device for a legitimate use.
943.46(2)(b)
(b) Give technical assistance or instruction to any person in obtaining or attempting to obtain any cable television service without payment of all lawful compensation to the company providing that service. This paragraph does not apply if the defendant demonstrates that the technical assistance or instruction was given or the installation of the connection, descrambler or receiving device was for a legitimate use.
943.46(2)(c)
(c) Make or maintain a connection, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of cable television services for the purpose of distributing cable television service to any other dwelling unit without authority from a cable television company.
943.46(2)(d)
(d) Make or maintain a connection, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of cable television services for the purpose of obtaining cable television service without payment of all lawful compensation to the company providing that service. The intent required for a violation of this paragraph may be inferred from proof that the cable service to the defendant's residence or business was connected under a service agreement with the defendant and has been disconnected by the cable television company and that thereafter there exists in fact a connection to the cable system at the defendant's residence or business.
943.46(2)(e)
(e) Make or maintain any modification or alteration to any device installed with the authorization of a cable television company for the purpose of intercepting or receiving any program or other service carried by that company which that person is not authorized by that company to receive. The intent required for a violation of this paragraph may be inferred from proof that, as a matter of standard procedure, the cable television company places written warning labels on its converters or decoders explaining that tampering with the device is a violation of law and the converter or decoder is found to have been tampered with, altered or modified so as to allow the reception or interception of programming carried by the cable television company without authority to do so. The trier of fact may also infer that a converter or decoder has been altered or modified from proof that the cable television company, as a matter of standard procedure, seals the converters or decoders with a label or mechanical device, that the seal was shown to the customer upon delivery of the decoder and that the seal has been removed or broken. The inferences under this paragraph are rebutted if the cable television company cannot demonstrate that the intact seal was shown to the customer.
943.46(2)(f)
(f) Possess without authority any device or printed circuit board designed to receive from a cable television system any cable television programming or services offered for sale over that cable television system, whether or not the programming or services are encoded, filtered, scrambled or otherwise made unintelligible, or perform or facilitate the performance of any of the acts under
pars. (a) to
(e) with the intent that that device or printed circuit be used to receive that cable television company's services without payment. Intent to violate this paragraph for direct or indirect commercial advantage or private financial gain may be inferred from proof of the existence on the property and in the actual possession of the defendant of a device if the totality of circumstances, including quantities or volumes, indicates possession for resale.
943.46(2)(g)
(g) Manufacture, import into this state, distribute, publish, advertise, sell, lease or offer for sale or lease any device, printed circuit board or any plan or kit for a device or for a printed circuit designed to receive the cable television programming or services offered for sale over a cable television system from a cable television system, whether or not the programming or services are encoded, filtered, scrambled or otherwise made unintelligible, with the intent that that device, printed circuit, plan or kit be used for the reception of that company's services without payment. The intent required for a violation of this paragraph may be inferred from proof that the defendant has sold, leased or offered for sale or lease any device, printed circuit board, plan or kit for a device or for a printed circuit board in violation of this paragraph and during the course of the transaction for sale or lease the defendant expressly states or implies to the buyer that the product will enable the buyer to obtain cable television service without charge.
943.46(4)
(4) Penalties. The following penalties apply for violations of this section:
943.46(4)(b)
(b) Except as provided in
pars. (c) and
(d), any person who violates
sub. (2) (a) to
(f) as a 2nd or subsequent offense is guilty of a Class B misdemeanor.
943.46(4)(c)
(c) Except as provided in
par. (d), any person who violates
sub. (2) (a) to
(g) for direct or indirect commercial advantage or private financial gain is guilty of a Class E felony.
943.46(4)(d)
(d) Any person who violates
sub. (2) (a) to
(g) for direct or indirect commercial advantage or private financial gain as a 2nd or subsequent offense is guilty of a Class D felony.
943.46(5)
(5) Exception. This section does not affect the use by a person of cable television services if the services have been paid for and the use is exclusive to the person's dwelling unit. This subsection does not prohibit a board or council of any city, village or town from specifying the number and manner of installation of outlets used by any such person for cable television services and does not prohibit a cable television company, in any written contract with a subscriber, from requiring the company's approval for any increase in the number of those outlets used.
943.46 History
History: 1987 a. 345;
1993 a. 496.
943.47
943.47
Theft of satellite cable programming. 943.47(1)(a)
(a) "Encrypt", when used with respect to satellite cable programming, means to transmit that programming in a form whereby the aural or visual characteristics or both are altered to prevent the unauthorized reception of that programming by persons without authorized equipment which is designed to eliminate the effects of that alteration.
943.47(1)(b)
(b) "Satellite cable programming" means encrypted video programming which is transmitted via satellite for direct reception by satellite dish owners for a fee.
943.47(2)
(2) Prohibitions. No person may decode encrypted satellite cable programming without authority.
943.47(3)
(3) Criminal penalties. The following penalties apply for violations of this section:
943.47(3)(a)
(a) Except as provided in
pars. (b) to
(d), any person who intentionally violates
sub. (2) is subject to a Class C forfeiture.
943.47(3)(b)
(b) Except as provided in
pars. (c) and
(d), any person who violates
sub. (2) as a 2nd or subsequent offense is guilty of a Class B misdemeanor.
943.47(3)(c)
(c) Except as provided in
par. (d), any person who violates
sub. (2) for direct or indirect commercial advantage or private financial gain is guilty of a Class E felony.
943.47(3)(d)
(d) Any person who violates
sub. (2) for direct or indirect commercial advantage or private financial gain as a 2nd or subsequent offense is guilty of a Class D felony.
943.47(5)
(5) Exception. This section does not affect the use by a person of satellite cable programming if the programming has been paid for and the use is exclusive to the person's dwelling unit.
943.47 History
History: 1987 a. 345;
1993 a. 496.
943.48
943.48
Telecommunications; civil liability. 943.48(1m)
(1m) Except as provided in
sub. (2), if the person who incurs the loss prevails, the court shall grant the prevailing party actual damages, costs and disbursements.
943.48(2)
(2) If the person who incurs the loss prevails against a person who committed the violation wilfully and for the purpose of commercial advantage or prevails against a person who has committed more than one violation of
s. 943.45 (1),
943.455 (2),
943.46 (2) or
943.47 (2), the court shall grant the prevailing party all of the following:
943.48(2)(c)
(c) Any profits of the violator that are attributable to the violation and that are not taken into account in determining the amount of actual damages under
par. (b).
943.48(2)(d)
(d) Notwithstanding the limitations under
s. 799.25 or
814.04, costs, disbursements and reasonable attorney fees.
943.48(2g)
(2g) If the court finds that the violation was committed wilfully and for the purpose of commercial advantage, the court may increase the amount granted under
sub. (2) (a) to an amount not to exceed $50,000.
943.48(2r)
(2r) If the court finds that the violator had no reason to believe that the violator's action constituted a violation of this section, the court may reduce the amount granted under
sub. (2) (a).
943.48(3)
(3) If damages under
sub. (2) (c) are requested, the party who incurred the injury shall have the burden of proving the violator's gross revenue and the violator shall have the burden of proving the violator's deductible expenses and the elements of profit attributable to factors other than the violation.
943.48(4)
(4) In addition to other remedies available under this section, the court may grant the injured party a temporary or permanent injunction.
943.48 History
History: 1993 a. 496.
943.50(1)(a)
(a) "Merchant" includes any "merchant" as defined in
s. 402.104 (3) or any innkeeper, motelkeeper or hotelkeeper.
943.50(1)(b)1.
1. For property of the merchant, the value of the property; or
943.50(1)(b)2.
2. For merchandise held for resale, the merchant's stated price of the merchandise or, in the event of altering, transferring or removing a price marking or causing a cash register or other sales device to reflect less than the merchant's stated price, the difference between the merchant's stated price of the merchandise and the altered price.
943.50(1m)
(1m) Whoever intentionally alters indicia of price or value of merchandise or who takes and carries away, transfers, conceals or retains possession of merchandise held for resale by a merchant or property of the merchant without his or her consent and with intent to deprive the merchant permanently of possession, or the full purchase price, of the merchandise may be penalized as provided in
sub. (4).
943.50(2)
(2) The intentional concealment of unpurchased merchandise which continues from one floor to another or beyond the last station for receiving payments in a merchant's store is evidence of intent to deprive the merchant permanently of possession of such merchandise without paying the purchase price thereof. The discovery of unpurchased merchandise concealed upon the person or among the belongings of such person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing such goods.
