943.20 Annotation
"Obtains title to property", as used in sub. (1) (d), includes obtaining property under a lease by fraudulent misrepresentation. State v. Meado,
163 Wis. 2d 789,
472 N.W.2d 567 (Ct. App. 1991).
943.20 Annotation
The federal tax on a fraudulently obtained airline ticket was properly included in its value for determining whether the offense was a felony under sub. (3). State v. McNearney,
175 Wis. 2d 485, N.W.2d (Ct. App. 1993).
943.20 Annotation
The definition of "bailee" under s. 407.102 (1) is not applicable to sub. (1) (b); definitions of "bailment" and are "bailee" discussed. State v. Kuhn,
178 Wis. 2d 428,
504 N.W.2d 405 (Ct. App. 1993).
943.20 Annotation
Where the factual basis for a plea to felony theft does not establish the value of the property taken, the conviction must be set aside and replaced with a misdemeanor conviction. State v. Harrington,
181 Wis. 2d 985,
512 N.W.2d 261 (Ct. App. 1994).
943.20 Annotation
The words "uses", "transfers", "conceals" and "retains possession" in sub. (1) (b) are not synonyms describing the crime of theft but describe separate offenses. A jury must be instructed that there must be unanimous agreement on the manner in which the statute was violated. State v. Seymour,
183 Wis. 2d 682,
515 N.W.2d 874 (1994).
943.20 Annotation
Theft from the person includes theft of a purse from the handle of an occupied wheelchair. State v. Hughes,
218 Wis. 2d 538,
582 N.W.2d 49 (Ct. App. 1998).
943.20 Annotation
A landlord who failed to return or account for a security deposit ordinarily could not be prosecuted under this section. 60 Atty. Gen. 1.
943.20 Annotation
State court rulings that unauthorized control was sufficient to support a conviction under sub. (1) (d) were not an unlawful broadening of the offense so as to deprive the defendant of notice and the opportunity to defend. Hawkins v. Mathews,
495 F. Supp. 323 (1980).
943.201
943.201
Misappropriation of personal identifying information or personal identification documents. 943.201(1)(a)
(a) "Personal identification document" means a birth certificate or a financial transaction card, as defined in
s. 943.41 (1) (em).
943.201(1)(b)
(b) "Personal identifying information" means any of the following information:
943.201(1)(b)7.
7. An identification number assigned to an individual by his or her employer.
943.201(2)
(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 felony.
943.201 History
History: 1997 a. 101.
943.205
943.205
Theft of trade secrets. 943.205(1)
(1) Whoever with intent to deprive or withhold from the owner thereof the control of a trade secret, or with intent to appropriate a trade secret to his or her own use or the use of another not the owner, and without authority of the owner, does any of the following may be penalized as provided in
sub. (3):
943.205(1)(a)
(a) Takes, uses, transfers, conceals, exhibits or retains possession of property of the owner representing a trade secret.
943.205(1)(b)
(b) Makes or causes to be made a copy of property of the owner representing a trade secret.
943.205(1)(c)
(c) Obtains title to property representing a trade secret or a copy of such property by intentionally deceiving the owner with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. "False representation" includes a promise made with intent not to perform if it is a part of a false and fraudulent scheme.
943.205(2)(a)
(a) "Copy" means any facsimile, replica, photograph or other reproduction of any property and any notation, drawing or sketch made of or from any property.
943.205(2)(b)
(b) "Owner" includes a coowner of the person charged and a partnership of which the person charged is a member, unless the person charged and the victim are husband and wife.
943.205(2)(c)
(c) "Property" includes without limitation because of enumeration any object, material, device, substance, writing, record, recording, drawing, sample, specimen, prototype, model, photograph, micro-organism, blueprint or map, or any copy thereof.
943.205(2)(d)
(d) "Representing" means disclosing, embodying, describing, depicting, containing, constituting, reflecting or recording.
943.205(3)
(3) Anyone who violates this section is guilty of a Class E felony.
943.205(4)
(4) In a prosecution for a violation of this section it shall be no defense that the person charged returned or intended to return the property involved or that the person charged destroyed all copies made.
943.205(5)
(5) This section does not prevent anyone from using skills and knowledge of a general nature gained while employed by the owner of a trade secret.
943.205 Annotation
Pricing policies, cost markups or amount of company's bid for particular project are not trade secrets. Wis. Elec. Power Co. v. Public Service Comm.
110 Wis. 2d 530,
329 N.W.2d 178 (1983).
943.206(1)
(1) "Manufacturer" means a person who transfers sounds to a recording.
943.206(2)
(2) "Owner" means the person who owns sounds in or on a recording from which the transferred recorded sounds are directly or indirectly derived.
943.206(3)
(3) "Performance" means a recital, rendering or playing of a series of words or other sounds, either alone or in combination with images or physical activity.
943.206(4)
(4) "Performance owner" means the performer or performers or the person to whom the performer or performers have transferred, through a contract, the right to sell recordings of a performance.
943.206(5)
(5) "Recording" means a medium on or in which sounds or images or both are stored.
943.206 History
History: 1999 a. 51,
186.
943.207
943.207
Transfer of recorded sounds for unlawful use. 943.207(1)(1) Whoever does any of the following may be penalized as provided in
sub. (3m):
943.207(1)(a)
(a) Intentionally transfers, without the consent of the owner, any sounds first embodied in or on a recording before February 15, 1972, with intent to sell or rent the recording into or onto which such sounds are transferred for commercial advantage or private financial gain.
943.207(1)(b)
(b) Advertises, offers for sale or rent, sells, rents or possesses a recording with knowledge that sounds have been transferred into or onto it in violation of
par. (a).
943.207(1)(c)
(c) Transports a recording within this state for commercial advantage or private financial gain with knowledge that sounds have been transferred into or onto the recording in violation of
par. (a).
943.207(3m)(a)(a) Whoever violates this section is guilty of a Class A misdemeanor under any of the following circumstances:
943.207(3m)(a)1.
1. If the person transfers sounds into or onto fewer than 1,000 recordings or advertises, offers for sale or rent, sells, rents, possesses or transports fewer than 1,000 recordings in violation of
sub. (1) during a 180-day period, and the value of the recordings does not exceed $2,500.
943.207(3m)(a)2.
2. If the person transfers sounds on or to the Internet in violation of
sub. (1), the transferred sounds are never replayed or are replayed by others from the Internet fewer than 1,000 times during a 180-day period, and the value of the transferred sounds does not exceed $2,500.
943.207(3m)(b)
(b) Whoever violates this section is guilty of a Class D felony under any of the following circumstances:
943.207(3m)(b)1.
1. If the person transfers sounds into or onto fewer than 1,000 recordings or advertises, offers for sale or rent, sells, rents, possesses or transports fewer than 1,000 recordings in violation of
sub. (1) during a 180-day period, and the value of the recordings exceeds $2,500.
943.207(3m)(b)2.
2. If the person transfers sounds on or to the Internet in violation of
sub. (1), the transferred sounds are replayed by others from the Internet fewer than 1,000 times during a 180-day period, and the value of the transferred sounds involved in the violation exceeds $2,500.
943.207(3m)(c)
(c) Whoever violates this section is guilty of a Class C felony under any of the following circumstances:
943.207(3m)(c)1.
1. If the person transfers sounds into or onto at least 1,000 recordings or advertises, offers for sale or rent, sells, rents, possesses or transports at least 1,000 recordings in violation of
sub. (1) during a 180-day period.
943.207(3m)(c)2.
2. If the person transfers sounds on or to the Internet in violation of
sub. (1) and the transferred sounds are replayed by others from the Internet at least 1,000 times during a 180-day period.
943.207(3m)(c)3.
3. If the violation occurs after the person has been convicted under this section.
943.207(4)(a)
(a) The transfer by a cable television operator or radio or television broadcaster of any recorded sounds, other than from the sound track of a motion picture, intended for, or in connection with, broadcast or other transmission or related uses, or for archival purposes.
943.207(4)(b)
(b) The transfer of any video tape or nonvideo audio tape intended for possible use in a civil or criminal action or special proceeding in a court of record.
943.208
943.208
Recording performance without consent of performance owner. 943.208(1)(1) Whoever does any of the following for commercial advantage or private financial gain may be penalized as provided in
sub. (2):
943.208(1)(a)
(a) Creates a recording of a performance without consent of the performance owner and with intent to sell or rent the recording.
943.208(1)(b)
(b) Advertises, offers for sale or rent, sells, rents or transports a recording of a performance with knowledge that the sounds, images or both from the performance embodied in the recording were recorded without the consent of the performance owner.
943.208(1)(c)
(c) Possesses with intent to advertise, offer for sale or rent, sell, rent or transport a recording of a performance with knowledge that the sounds, images or both from the performance embodied in the recording were recorded without the consent of the performance owner.
943.208(2)(a)(a) Whoever violates
sub. (1) is guilty of a Class A misdemeanor if the person creates, advertises, offers for sale or rent, sells, rents, transports or possesses fewer than 1,000 recordings embodying sound or fewer than 100 audiovisual recordings in violation of
sub. (1) during a 180-day period, and the value of the recordings does not exceed $2,500.
943.208(2)(b)
(b) Whoever violates
sub. (1) is guilty of a Class D felony if the person creates, advertises, offers for sale or rent, sells, rents, transports or possesses fewer than 1,000 recordings embodying sound or fewer than 100 audiovisual recordings in violation of
sub. (1) during a 180-day period, and the value of the recordings exceeds $2,500.
943.208(2)(c)
(c) Whoever violates
sub. (1) is guilty of a Class C felony if the person creates, advertises, offers for sale or rent, sells, rents, transports or possesses at least 1,000 recordings embodying sound or at least 100 audiovisual recordings in violation of
sub. (1) during a 180-day period or if the violation occurs after the person has been convicted under this section.
943.208(3)
(3) Under this section, the number of recordings that a person rents shall be the sum of the number of times in which each individual recording is rented.
943.208 History
History: 1999 a. 51.
943.209
943.209
Failure to disclose manufacturer of recording. 943.209(1)(1) Whoever does any of the following for commercial advantage or private financial gain may be penalized as provided in
sub. (2):
943.209(1)(a)
(a) Knowingly advertises, offers for sale or rent, sells, rents or transports a recording that does not contain the name and address of the manufacturer in a prominent place on the cover, jacket or label of the recording.
943.209(1)(b)
(b) Possesses with intent to advertise, offer for sale or rent, sell, rent or transport a recording that does not contain the name and address of the manufacturer in a prominent place on the cover, jacket or label of the recording.
943.209(2)(a)(a) Whoever violates
sub. (1) is guilty of a Class A misdemeanor if the person advertises, offers for sale or rent, sells, rents, transports or possesses fewer than 100 recordings in violation of
sub. (1) during a 180-day period, and the value of the recordings does not exceed $2,500.
943.209(2)(b)
(b) Whoever violates
sub. (1) is guilty of a Class D felony if the person advertises, offers for sale or rent, sells, rents, transports or possesses fewer than 100 recordings in violation of
sub. (1) during a 180-day period, and the value of the recordings exceeds $2,500.
943.209(2)(c)
(c) Whoever violates
sub. (1) is guilty of a Class C felony if the person advertises, offers for sale or rent, sells, rents, transports or possesses at least 100 recordings in violation of
sub. (1) during a 180-day period or if the violation occurs after the person has been convicted under this section.
943.209(3)
(3) Under this section, the number of recordings that a person rents shall be the sum of the number of times that each individual recording is rented.
943.209 History
History: 1999 a. 51.
943.21
943.21
Fraud on hotel or restaurant keeper or taxicab operator.
