943.28(1)(a)
(a) To collect an extension of credit means to induce in any way any person to make repayment thereof.
943.28(1)(b)
(b) An extortionate extension of credit is any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation or property of any person.
943.28(1)(c)
(c) An extortionate means is any means which involves the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation or property of any person.
943.28(2)
(2) Whoever makes any extortionate extension of credit, or conspires to do so, if one or more of the parties to the conspiracy does an act to effect its object, is guilty of a Class C felony.
943.28(3)
(3) Whoever advances money or property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profit-sharing agreement, or otherwise, for the purpose of making extortionate extensions of credit, is guilty of a Class C felony.
943.28(4)
(4) Whoever knowingly participates in any way in the use of any extortionate means to collect or attempt to collect any extension of credit, or to punish any person for the nonrepayment thereof, is guilty of a Class C felony.
943.28 History
History: 1977 c. 173;
1995 a. 225.
943.28 Annotation
An extortionate extension of credit under sub. (1) (b) is not restricted to the original extension of credit, but includes renewals of loans. State v. Green, 208 W (2d) 290, 560 NW (2d) 295 (Ct. App. 1997).
943.30
943.30
Threats to injure or accuse of crime. 943.30(1)
(1) Whoever, either verbally or by any written or printed communication, maliciously threatens to accuse or accuses another of any crime or offense, or threatens or commits any injury to the person, property, business, profession, calling or trade, or the profits and income of any business, profession, calling or trade of another, with intent thereby to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened to do any act against the person's will or omit to do any lawful act, is guilty of a Class D felony.
943.30(2)
(2) Whoever violates
sub. (1) by obstructing, delaying or affecting commerce or business or the movement of any article or commodity in commerce or business is guilty of a Class D felony.
943.30(3)
(3) Whoever violates
sub. (1) by attempting to influence any petit or grand juror, in the performance of his or her functions as such, is guilty of a Class D felony.
943.30(4)
(4) Whoever violates
sub. (1) by attempting to influence the official action of any public officer is guilty of a Class D felony.
943.30(5)(b)
(b) Whoever, orally or by any written or printed communication, maliciously uses, or threatens to use, the patient health care records of another person, with intent thereby to extort money or any pecuniary advantage, or with intent to compel the person so threatened to do any act against the person's will or omit to do any lawful act, is guilty of a Class D felony.
943.30 Annotation
Commencement of threat need not occur in Wisconsin to support extortion charge venued in Wisconsin county. State v. Kelly, 148 W (2d) 774, 436 NW (2d) 883 (Ct. App. 1989).
943.30 Annotation
Threat to falsely testify unless paid, in violation of criminal law, is threat to property within purview of sub. (1). State v. Manthey, 169 W (2d) 673, 487 NW (2d) 44 (Ct. App. 1992).
943.30 Annotation
Extortion is not a lesser included offense of robbery. Convictions for both is not precluded. State v. Dauer, 174 W (2d) 418, 497 NW (2d) 766 (Ct. App. 1993).
943.30 Annotation
Claim under this section is governed by six year limitation period under 893.93 (1) (a). Elbe v. Wausau Hosp. Center, 606 F Supp. 1491 (1985).
943.31
943.31
Threats to communicate derogatory information. Whoever threatens to communicate to anyone information, whether true or false, which would injure the reputation of the threatened person or another unless the threatened person transfers property to a person known not to be entitled to it is guilty of a Class E felony.
943.31 History
History: 1977 c. 173.
943.31 Annotation
Threat to injure manager's reputation unless job is offered violated this section. State v. Gilkes, 118 W (2d) 149, 345 NW (2d) 531 (Ct. App. 1984).
943.32(1)(1) Whoever, with intent to steal, takes property from the person or presence of the owner by either of the following means is guilty of a Class C felony:
943.32(1)(a)
(a) By using force against the person of the owner with intent thereby to overcome his or her physical resistance or physical power of resistance to the taking or carrying away of the property; or
943.32(1)(b)
(b) By threatening the imminent use of force against the person of the owner or of another who is present with intent thereby to compel the owner to acquiesce in the taking or carrying away of the property.
943.32(2)
(2) Whoever violates
sub. (1) by use or threat of use of a dangerous weapon, a device or container described under
s. 941.26 (4) (a) or any article used or fashioned in a manner to lead the victim reasonably to believe that it is a dangerous weapon or such a device or container is guilty of a Class B felony.
943.32(3)
(3) In this section "owner" means a person in possession of property whether the person's possession is lawful or unlawful.
943.32 Annotation
While a person who seeks to repossess himself of specific property which he owns, and to which he has the present right of possession, and the means he uses involves a gun or force, might not have the intention to steal, the taking of money from a debtor by force to pay a debt is robbery unless the accused can trace his ownership to specific coins and bills in the possession of the debtor. Edwards v. State, 49 W (2d) 105, 181 NW (2d) 383.
943.32 Annotation
See note to 943.10, citing State v. DiMaggio, 49 W (2d) 565, 182 NW (2d) 466.
943.32 Annotation
It is error not to instruct on the allegations that the defendant was armed and that he attempted to conceal his identity, but this is harmless error where the facts are uncontroverted. Claybrooks v. State, 50 W (2d) 79, 183 NW (2d) 139.
943.32 Annotation
On a charge of armed robbery the court should instruct as to the definition of a dangerous weapon, but the error is harmless where all the evidence is to the effect that the defendant had a gun. Claybrooks v. State, 50 W (2d) 87, 183 NW (2d) 143.
943.32 Annotation
Where the evidence is clear that the defendant was armed, the court need not submit a verdict which would allow the jury to find him guilty of unarmed robbery. Kimmons v. State, 51 W (2d) 266, 186 NW (2d) 308.
943.32 Annotation
An information charging armed robbery is void if it fails to allege the use or threat of force to overcome the owner's resistance. Champlain v. State, 53 W (2d) 751, 193 NW (2d) 868.
943.32 Annotation
Theft is a lesser included offense of the crime of robbery. Both require asportation. Moore v. State, 55 W (2d) 1, 197 NW (2d) 820.
943.32 Annotation
It is undisputed that the pouch was taken from her by force and in such a manner as to overcome any physical resistance or power of resistance by the victim. These facts do not constitute a theft under 943.20. Walton v. State, 64 W (2d) 36, 218 NW (2d) 309.
943.32 Annotation
Where the victim testified that defendant's accomplice held an object to his throat while defendant took money from his person and where the defendant testified that no robbery whatsoever occurred, the jury was presented with no evidence indicating that a robbery absent the threat of force had occurred, and there was no error in denial of defendant's request for an instruction on theft from a person. State v. Powers, 66 W (2d) 84, 224 NW (2d) 206.
943.32 Annotation
Where defendant lost money to dice cheat and soon after recovered similar amount at gunpoint, jury could convict despite defendant's claim that bills recovered were those lost. Austin v. State, 86 W (2d) 213, 271 NW (2d) 668 (1978).
943.32 Annotation
Sub. (1) states one offense which may be committed by alternate means. Jury was properly instructed in the disjunctive on the force element. Manson v. State, 101 W (2d) 413, 304 NW (2d) 729 (1981).
943.32 Annotation
See note to 939.05, citing State v. Ivey, 119 W (2d) 591, 350 NW (2d) 622 (1984).
943.32 Annotation
Where robbery is committed while merely possessing dangerous weapon, penalty enhancer under 939.63 can be applied. State v. Robinson, 140 W (2d) 673, 412 NW (2d) 535 (Ct. App. 1987).
943.32 Annotation
A defendant's lack of intent to make a victim believe the defendant is armed is irrelevant in finding a violation of sub. (2); if the victim's belief that the defendant was armed is reasonable, that is enough. State v. Hubanks, 173 W (2d) 1, 496 NW (2d) 96 (Ct. App. 1992).
943.32 Annotation
Extortion is not a lesser included offense of robbery. Convictions for both is not precluded. State v. Dauer, 174 W (2d) 418, 497 NW (2d) 766 (Ct. App. 1993).
943.32 Annotation
This statute does not require a specific intent that property that is demanded actually be transferred. State v. Voss, 205 W (2d) 579, 556 NW (2d) 433 (Ct. App. 1996).
943.32 Annotation
Asportation, or carrying away, is an element of robbery. The asportation requirement provides a bright line distinction between attempt and robbery. There is no exception for an automobile which is entered by force, but cannot be moved by the defendant. State v. Johnson, 207 W (2d) 240, 558 NW (2d) 375 (1997).
943.32 Annotation
Letting Armed Robbery Get Away: An Analysis of Wisconsin's Armed Robbery Statute. Goodstein. 1998 WLR 591.
943.34
943.34
Receiving stolen property. 943.34(1)
(1) Except as provided under
s. 948.62, whoever intentionally receives or conceals stolen property is guilty of:
943.34(1)(a)
(a) A Class A misdemeanor, if the value of the property does not exceed $1,000.
943.34(1)(b)
(b) A Class E felony, if the value of the property exceeds $1,000 but not more than $2,500.
943.34(1)(c)
(c) A Class C felony, if the value of the property exceeds $2,500.
943.34(2)
(2) In any action or proceeding for a violation of
sub. (1), a party may use duly identified and authenticated photographs of property which was the subject of the violation in lieu of producing the property.
943.34 Annotation
Fact that sequentially received stolen property was purchased for lump sum is insufficient basis to aggregate value of property; crime of receiving stolen property does not require payment. State v. Spraggin, 71 W (2d) 604, 239 NW (2d) 297.
943.37
943.37
Alteration of property identification marks. Whoever does any of the following with intent to prevent the identification of the property involved is guilty of a Class A misdemeanor:
943.37(1)
(1) Alters or removes any identification mark on any log or other lumber without the consent of the owner; or
943.37(2)
(2) Alters or removes any identification mark from any receptacle used by the manufacturer of any beverage; or
943.37(3)
(3) Alters or removes any manufacturer's identification number on personal property or possesses any personal property with knowledge that the manufacturer's identification number has been removed or altered. Possession of 2 or more similar items of personal property with the manufacturer's identification number altered or removed is prima facie evidence of knowledge of the alteration or removal and of an intent to prevent identification of the property.
943.37(4)
(4) Alters or removes livestock brands, recorded under
s. 95.11, from any animal without the owner's consent, or possesses any livestock with knowledge that the brand has been altered or removed without the owner's knowledge or consent.
943.37 History
History: 1973 c. 239;
1977 c. 173.
943.37 Annotation
"Similar" under (3) means comparable or substantially alike. State v. Hamilton, 146 W (2d) 426, 432 NW (2d) 108 (Ct. App. 1988).
943.38(1)(1) Whoever with intent to defraud falsely makes or alters a writing or object of any of the following kinds so that it purports to have been made by another, or at another time, or with different provisions, or by authority of one who did not give such authority, is guilty of a Class C felony:
943.38(1)(a)
(a) A writing or object whereby legal rights or obligations are created, terminated or transferred, or any writing commonly relied upon in business or commercial transactions as evidence of debt or property rights; or
943.38(1)(b)
(b) A public record or a certified or authenticated copy thereof; or
943.38(1)(c)
(c) An official authentication or certification of a copy of a public record; or
943.38(1)(d)
(d) An official return or certificate entitled to be received as evidence of its contents.
943.38(2)
(2) Whoever utters as genuine or possesses with intent to utter as false or as genuine any forged writing or object mentioned in
sub. (1), knowing it to have been thus falsely made or altered, is guilty of a Class C felony.
943.38(3)
(3) Whoever, with intent to defraud, does any of the following is guilty of a Class A misdemeanor:
943.38(3)(a)
(a) Falsely makes or alters any object so that it appears to have value because of antiquity, rarity, source or authorship which it does not possess; or possesses any such object knowing it to have been thus falsely made or altered and with intent to transfer it as original and genuine, by sale or for security purposes; or
943.38(3)(b)
(b) Falsely makes or alters any writing of a kind commonly relied upon for the purpose of identification or recommendation; or
943.38(3)(c)
(c) Without consent, places upon any merchandise an identifying label or stamp which is or purports to be that of another craftsman, tradesman, packer or manufacturer; or
943.38(3)(d)
(d) Falsely makes or alters a membership card purporting to be that of a fraternal, business or professional association or of a labor union; or possesses any such card knowing it to have been thus falsely made or altered and with intent to use it or cause or permit its use to deceive another; or
943.38(3)(e)
(e) Falsely makes or alters any writing purporting to evidence a right to transportation on any common carrier; or
943.38(3)(f)
(f) Falsely makes or alters a certified abstract of title to real estate.
943.38 History
History: 1977 c. 173.
943.38 Annotation
A defendant convicted of forgery (uttering) under sub. (2), may be sentenced to: (1) A prison term not to exceed 10 years; (2) a fine of not more than $5,000; (3) both a prison term and a fine; (4) probation in lieu of all punishment; (5) probation coupled with a fine; or (6) probation with conditions, which may include restitution; but no statute allows a trial court to impose restitution or any other condition when the statutory penalty rather than probation is selected. Spannuth v. State, 70 W (2d) 362, 234 NW (2d) 79.
943.38 Annotation
Ratification, waiver and estoppel regarding forged signatures discussed. In Matter of Estate of Alexander, 75 W (2d) 168, 248 NW (2d) 475.
943.38 Annotation
Acceptance or cashing of forged check is not an element of uttering under (2). Little v. State, 85 W (2d) 558, 271 NW (2d) 105 (1978).
943.38 Annotation
See note to 943.41, citing Mack v. State, 93 W (2d) 287, 286 NW (2d) 563 (1980).
943.38 Annotation
Signed receipts for bogus magazine subscriptions constituted forgery even though defrauded subscriber did not specifically rely on receipt. State v. Davis, 105 W (2d) 690, 314 NW (2d) 907 (Ct. App. 1981).
943.38 Annotation
Absence of maker's signature did not immunize accused from crime of uttering forged writing. State v. Machon, 112 W (2d) 47, 331 NW (2d) 665 (Ct. App. 1983).
943.38 Annotation
Depositing forged instrument into automated teller machine constitutes "uttering" under (2). State v. Tolliver, 149 W (2d) 166, 440 NW (2d) 571 (Ct. App. 1989).
943.38 Annotation
Whether a writing is a negotiable instrument and whether the conduct of the victims when presented with the writing was negligent is irrelevant to whether the writings were within the terms of sub. (1) (a). State v. Perry, 215 W (2d) 690, 573 NW (2d) 876 (Ct. App. 1997).
943.39
943.39
Fraudulent writings. Whoever, with intent to injure or defraud, does any of the following is guilty of a Class D felony:
943.39(1)
(1) Being a director, officer, manager, agent or employe of any corporation or limited liability company falsifies any record, account or other document belonging to that corporation or limited liability company by alteration, false entry or omission, or makes, circulates or publishes any written statement regarding the corporation or limited liability company which he or she knows is false; or
