943.62(3)(a)3.
3. Money advanced for incurred costs will not be refunded.
943.62(3)(b)
(b) If a cost under
par. (a) is not incurred, the person shall refund that amount to the customer.
943.62(4)
(4) Whoever violates this section is guilty of:
943.62(4)(a)
(a) A Class A misdemeanor, if the value of the advance payment or required refund, as applicable, does not exceed $500.
943.62(4)(b)
(b) A Class E felony, if the value of the advance payment or required refund, as applicable, exceeds $500 but does not exceed $2,500.
943.62(4)(c)
(c) A Class C felony, if the value of the advance payment or required refund, as applicable, exceeds $2,500.
943.70
943.70
Computer crimes. 943.70(1)(a)
(a) "Computer" means an electronic device that performs logical, arithmetic and memory functions by manipulating electronic or magnetic impulses, and includes all input, output, processing, storage, computer software and communication facilities that are connected or related to a computer in a computer system or computer network.
943.70(1)(b)
(b) "Computer network" means the interconnection of communication lines with a computer through remote terminals or a complex consisting of 2 or more interconnected computers.
943.70(1)(c)
(c) "Computer program" means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data.
943.70(1)(d)
(d) "Computer software" means a set of computer programs, procedures or associated documentation used in the operation of a computer system.
943.70(1)(dm)
(dm) "Computer supplies" means punchcards, paper tape, magnetic tape, disk packs, diskettes and computer output, including paper and microform.
943.70(1)(e)
(e) "Computer system" means a set of related computer equipment, hardware or software.
943.70(1)(f)
(f) "Data" means a representation of information, knowledge, facts, concepts or instructions that has been prepared or is being prepared in a formalized manner and has been processed, is being processed or is intended to be processed in a computer system or computer network. Data may be in any form including computer printouts, magnetic storage media, punched cards and as stored in the memory of the computer. Data are property.
943.70(1)(g)
(g) "Financial instrument" includes any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or credit card, transaction authorization mechanism, marketable security and any computer representation of them.
943.70(1)(h)
(h) "Property" means anything of value, including but not limited to financial instruments, information, electronically produced data, computer software and computer programs.
943.70(1)(i)
(i) "Supporting documentation" means all documentation used in the computer system in the construction, clarification, implementation, use or modification of the software or data.
943.70(2)
(2) Offenses against computer data and programs. 943.70(2)(a)(a) Whoever wilfully, knowingly and without authorization does any of the following may be penalized as provided in
par. (b):
943.70(2)(a)1.
1. Modifies data, computer programs or supporting documentation.
943.70(2)(a)2.
2. Destroys data, computer programs or supporting documentation.
943.70(2)(a)3.
3. Accesses data, computer programs or supporting documentation.
943.70(2)(a)4.
4. Takes possession of data, computer programs or supporting documentation.
943.70(2)(a)5.
5. Copies data, computer programs or supporting documentation.
943.70(2)(a)6.
6. Discloses restricted access codes or other restricted access information to unauthorized persons.
943.70(2)(b)
(b) Whoever violates this subsection is guilty of:
943.70(2)(b)2.
2. A Class E felony if the offense is committed to defraud or to obtain property.
943.70(2)(b)3.
3. A Class D felony if the damage is greater than $2,500 or if it causes an interruption or impairment of governmental operations or public communication, of transportation or of a supply of water, gas or other public service.
943.70(2)(b)4.
4. A Class C felony if the offense creates a substantial and unreasonable risk of death or great bodily harm to another.
943.70(3)
(3) Offenses against computers, computer equipment or supplies. 943.70(3)(a)(a) Whoever wilfully, knowingly and without authorization does any of the following may be penalized as provided in
par. (b):
943.70(3)(a)1.
1. Modifies computer equipment or supplies that are used or intended to be used in a computer, computer system or computer network.
943.70(3)(a)2.
2. Destroys, uses, takes or damages a computer, computer system, computer network or equipment or supplies used or intended to be used in a computer, computer system or computer network.
943.70(3)(b)
(b) Whoever violates this subsection is guilty of:
943.70(3)(b)2.
2. A Class E felony if the offense is committed to defraud or obtain property.
943.70(3)(b)3.
3. A Class D felony if the damage to the computer, computer system, computer network, equipment or supplies is greater than $2,500.
943.70(3)(b)4.
4. A Class C felony if the offense creates a substantial and unreasonable risk of death or great bodily harm to another.
943.70(4)
(4) Computer use restriction. In addition to the other penalties provided for violation of this section, a judge may place restrictions on the offender's use of computers. The duration of any such restrictions may not exceed the maximum period for which the offender could have been imprisoned; except if the offense is punishable by forfeiture, the duration of the restrictions may not exceed 90 days.
943.70(5)
(5) Injunctive relief. Any aggrieved party may sue for injunctive relief under
ch. 813 to compel compliance with this section. In addition, owners, lessors, users or manufacturers of computers, or associations or organizations representing any of those persons, may sue for injunctive relief to prevent or stop the disclosure of information which may enable another person to gain unauthorized access to data, computer programs or supporting documentation.
943.70 Note
Judicial Council Note, 1988: [In (2) (b) 4. and (3) (b) 4.] The words "substantial risk" are substituted for "high probability" to avoid any inference that a statistical likelihood greater than 50% was ever intended. [Bill 191-S]
943.70 Annotation
This section is constitutional. Copyright law does not give a programmer a copyright in data entered into the programmer's program, and copyright law does not preempt prosecution of the programmer for destruction of data entered into the program. State v. Corcoran, 186 W (2d) 616, 522 NW (2d) 226 (Ct. App. 1994).
943.70 Annotation
Criminal liability for computer offenses and the new Wisconsin computer crimes act. Levy. WBB March 1983.
943.75
943.75
Unauthorized release of animals. Effective date note
NOTE: Par. (a) is amended eff. 12-1-99 by
1997 Wis. Act 192 to read:
Effective date text
(a) "Humane officer" means an officer appointed under s. 173.03.
943.75(2)
(2) Whoever intentionally releases an animal that is lawfully confined for scientific, farming, companionship or protection of persons or property, recreation, restocking, research, exhibition, commercial or educational purposes, acting without the consent of the owner or custodian of the animal, is guilty of a Class C misdemeanor. A 2nd violation of this section by a person is a Class A misdemeanor. A 3rd or subsequent violation of this section by a person is a Class E felony.
943.75(3)
(3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under
s. 29.865,
29.867,
29.869 or
29.871 or designated as a wildlife refuge under
s. 29.621 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties. This subsection does not limit any other person from claiming the defense of privilege under
s. 939.45 (3).
943.75(4)
(4) When the existence of an exception under
sub. (3) has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the exception do not exist in order to sustain a finding of guilt under
sub. (2).
