943.20 Note
6. The property is taken from a patient or resident of a facility or program under s. 940.295 (2) or from a vulnerable adult.
943.20(4)
(4) Use of photographs as evidence. 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.
943.20 Cross-reference
Cross-reference: Misappropriation of funds by contractor or subcontractor as theft, see s.
779.02 (5).
943.20 Annotation
If one person takes property from the person of another, and a 2nd person carries it away, the evidence may show a theft from the person under subs. (1) (a) and (3) (d) 2., either on a theory of conspiracy or of complicity. Hawpetoss v. State,
52 Wis. 2d 71,
187 N.W.2d 823 (1971).
943.20 Annotation
Attempted theft by false representation (signing another's name to a car purchase contract) is not an included crime of forgery (signing the owner's name to a car title to be traded in). State v. Fuller,
57 Wis. 2d 408,
204 N.W.2d 452 (1973).
943.20 Annotation
Under sub. (1) (d), it is not necessary that the person who parts with property be induced to do so by a false and fraudulent scheme; the person must be deceived by a false representation that is part of such a scheme. Schneider v. State,
60 Wis. 2d 765,
211 N.W.2d 511 (1973).
943.20 Annotation
In abolishing the action for breach of promise to marry, the legislature did not sanction either civil or criminal fraud by the breaching party against the property of a duped victim. Restrictions on civil actions for fraud are not applicable to related criminal actions. Lambert v. State,
73 Wis. 2d 590,
243 N.W.2d 524 (1976).
943.20 Annotation
Sub. (1) (a) should be read in the disjunctive so as to prohibit both the taking of, and the exercise of unauthorized control over, property of another. The sale of stolen property is thus prohibited. State v. Genova,
77 Wis. 2d 141,
252 N.W.2d 380 (1977).
943.20 Annotation
The state may not charge a defendant under sub. (1) (a) in the disjunctive by alleging that the defendant took and carried away or used or transferred. Jackson v. State,
92 Wis. 2d 1,
284 N.W.2d 685 (Ct. App. 1979).
943.20 Annotation
Circumstantial evidence of owner nonconsent was sufficient to support a jury's verdict. State v. Lund,
99 Wis. 2d 152,
298 N.W.2d 533 (1980).
943.20 Annotation
Section 943.20 (1) (e) does not unconstitutionally imprison one for debt. State v. Roth,
115 Wis. 2d 163,
339 N.W.2d 807 (Ct. App. 1983).
943.20 Annotation
A person may be convicted under s. 943.20 (1) (a) for concealing property and be separately convicted for transferring that property. State v. Tappa,
127 Wis. 2d 155,
378 N.W.2d 883 (1985).
943.20 Annotation
A violation of sub. (1) (d) does not require proof that the accused personally received property. State v. O'Neil,
141 Wis. 2d 535,
416 N.W.2d 77 (Ct. App. 1987).
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
When 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
When the victim had pushed her purse against a car door with her leg and the defendant's action caused her to fall back, dislodging the purse, his act of taking it constituted taking property from the victim's person under sub. (3) (d) 2. State v. Graham, 2000 WI App 138,
237 Wis. 2d 620,
614 N.W.2d 504.
943.20 Annotation
Multiple convictions for the theft of an equal number of firearms arising from one incident did not violate the protection against double jeopardy. State v. Trawitzki, 2001 WI 77,
244 Wis. 2d 523,
628 N.W.2d 801.
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 H felony.
Effective date note
NOTE: Sub. (2) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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;
2001 a. 109.
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 co-owner 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 I felony.
Effective date note
NOTE: Sub. (3) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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, and the amount of a company's bid for particular project were not trade secrets. Wisconsin Electric Power Co. v. PSC,
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 I felony under any of the following circumstances:
Effective date note
NOTE: Par. (b) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 H felony under any of the following circumstances:
Effective date note
NOTE: Par. (c) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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.
