943.212
943.212
Fraud on hotel or restaurant keeper or taxicab operator; civil liability. 943.212(1)
(1) Any person who incurs injury to his or her business or property as a result of a violation of
s. 943.21 may bring a civil action against any adult or emancipated minor who caused the loss for all of the following:
943.212(1)(a)
(a) The retail value of the beverage, food, lodging, accommodation, transportation or service involved in the violation. A person may recover under this paragraph only if he or she exercises due diligence in demanding payment for the beverage, food, lodging, accommodation, transportation or service.
943.212(2)
(2) In addition to
sub. (1), if the person who incurs the injury prevails, the judgment in the action may grant any of the following:
943.212(2)(a)
(a) Exemplary damages of not more than 3 times the amount under
sub. (1) (a) and
(b). No additional proof is required for an award of exemplary damages under this paragraph. Exemplary damages may not be granted for conduct that was the subject of a judgment for violation of
s. 943.21 or an ordinance adopted in conformity with that section.
943.212(2)(b)1.1. Notwithstanding the limitations of
s. 814.04, reasonable attorney fees for actions commenced under
ch. 801.
943.212(3)
(3) Notwithstanding
sub. (2), the total amount awarded for exemplary damages and attorney fees may not exceed $300.
943.212(4)
(4) At least 20 days prior to commencing an action, as specified in
s. 801.02, under this section, the plaintiff shall notify the defendant, by mail, of his or her intent to bring the action and of the acts constituting the basis for the violation of
s. 943.21. The plaintiff shall send the notice by regular mail supported by an affidavit of service of mailing or by a certificate of mailing obtained from the U.S. post office from which the mailing was made. The plaintiff shall mail the notice to the defendant's last-known address or to the address provided on the check or order. If the defendant pays the amount due for the beverage, food, lodging, accommodation, transportation or service prior to the commencement of the action, he or she is not liable under this section.
943.212(5)
(5) The plaintiff has the burden of proving by a preponderance of the evidence that a violation occurred under
s. 943.21. A conviction under
s. 943.21 is not a condition precedent to bringing an action, obtaining a judgment or collecting that judgment under this section.
943.212(6)
(6) A person is not criminally liable under
s. 943.30 for any civil action brought in good faith under this section.
943.212(7)
(7) Nothing in this section precludes a plaintiff from bringing the action under
ch. 799 if the amount claimed is within the jurisdictional limits of
s. 799.01 (1) (d).
943.212 History
History: 1991 a. 65;
1995 a. 160.
943.215
943.215
Absconding without paying rent. 943.215(1)
(1) Whoever having obtained the tenancy, as defined in
s. 704.01 (4), of residential property he or she is entitled to occupy, intentionally absconds without paying all current and past rent due is guilty of a Class A misdemeanor.
943.215(2)
(2) A person has a defense to prosecution under
sub. (1) if he or she has provided the landlord with a security deposit that equals or exceeds the amount that the person owes the landlord regarding rent and damage to property.
943.215(3)
(3) A person has a defense to prosecution under
sub. (1) if, within 5 days after the day he or she vacates the rental premises, he or she pays all current and past rent due or provides to the landlord, in writing, a complete and accurate forwarding address.
943.215(4)
(4) When the existence of a defense under
sub. (2) or
(3) has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the defense do not exist in order to sustain a finding of guilt under
sub. (1).
943.215(5)
(5) Subsection (1) does not apply to any tenant against whom a civil judgment has been entered for punitive damages because the tenant left the premises with unpaid rent.
943.215 History
History: 1989 a. 336.
943.22
943.22
Use of cheating tokens. Whoever obtains the property or services of another by depositing anything which he or she knows is not lawful money or an authorized token in any receptacle used for the deposit of coins or tokens is subject to a Class C forfeiture.
943.22 History
History: 1977 c. 173.
943.225
943.225
Refusal to pay for a motor bus ride. 943.225(2)
(2) Whoever intentionally enters a motor bus that transports persons for hire and refuses to pay, without delay, upon demand of the operator or other person in charge of the motor bus, the prescribed transportation fare is subject to a Class E forfeiture.
943.225 History
History: 1987 a. 171.
943.23
943.23
Operating vehicle without owner's consent. 943.23(1)(a)
(a) "Drive" means the exercise of physical control over the speed and direction of a vehicle while it is in motion.
943.23(1)(b)
(b) "Major part of a vehicle" means any of the following:
943.23(1)(b)3.
3. Each door allowing entrance to or egress from the passenger compartment.
943.23(1)(b)11.
11. The frame or, in the case of a unitized body, the supporting structure which serves as the frame.
943.23(1)(c)
(c) "Operate" includes the physical manipulation or activation of any of the controls of a vehicle necessary to put it in motion.
943.23(1g)
(1g) Whoever, while possessing a dangerous weapon and by the use of, or the threat of the use of, force or the weapon against another, intentionally takes any vehicle without the consent of the owner is guilty of a Class C felony.
Effective date note
NOTE: Sub. (1g) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(1g) Whoever, while possessing a dangerous weapon and by the use of, or the threat of the use of, force or the weapon against another, intentionally takes any vehicle without the consent of the owner is guilty of a Class B felony.
943.23(1m)
(1m) Whoever violates
sub. (1g) and causes great bodily harm to another is guilty of a Class B felony and shall be sentenced to not less than 10 years of imprisonment, unless the sentencing court otherwise provides. If the court places the person on probation or imposes a sentence less than the 10-year presumptive minimum sentence, it shall place its reasons for doing so on the record.
943.23(1r)
(1r) Whoever violates
sub. (1g) and causes the death of another is guilty of a Class A felony.
943.23(2)
(2) Except as provided in
sub. (3m), whoever intentionally takes and drives any vehicle without the consent of the owner 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 takes and drives any vehicle without the consent of the owner is guilty of a Class D felony.
943.23(3)
(3) Except as provided in
sub. (3m), whoever intentionally drives or operates any vehicle without the consent of the owner 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) Whoever intentionally drives or operates any vehicle without the consent of the owner is guilty of a Class E felony.
943.23(3m)
(3m) It is an affirmative defense to a prosecution for a violation of
sub. (2) or
(3) if the defendant abandoned the vehicle without damage within 24 hours after the vehicle was taken from the possession of the owner. An affirmative defense under this subsection mitigates the offense to a Class A misdemeanor. A defendant who raises this affirmative defense has the burden of proving the defense by a preponderance of the evidence.
943.23(4m)
(4m) Whoever knows that the owner does not consent to the driving or operation of a vehicle and intentionally accompanies, as a passenger in the vehicle, a person while he or she violates
sub. (1g),
(2),
(3), or
(3m) is guilty of a Class A misdemeanor.
Effective date note
NOTE: Sub. (4m) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(4m) Whoever knows that the owner does not consent to the driving or operation of a vehicle and intentionally accompanies, as a passenger in the vehicle, a person while he or she violates sub. (1g), (1m), (1r), (2) or (3) is guilty of a Class A misdemeanor.
943.23(5)
(5) Whoever intentionally removes a major part of a vehicle without the consent of the owner is guilty of a Class I felony. Whoever intentionally removes any other part or component of a vehicle without the consent of the owner is guilty of a Class A misdemeanor.
Effective date note
NOTE: Sub. (5) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(5) Whoever intentionally removes a major part of a vehicle without the consent of the owner is guilty of a Class E felony. Whoever intentionally removes any other part or component of a vehicle without the consent of the owner is guilty of a Class A misdemeanor.
943.23(6)(b)
(b) In addition to the other penalties provided for violation of this section, a judge may require a violator to pay restitution to or on behalf of a victim regardless of whether the violator is placed on probation under
s. 973.09. If restitution is ordered, the court shall consider the financial resources and future ability of the violator to pay and shall determine the method of payment. Upon the application of any interested party, the court may schedule and hold an evidentiary hearing to determine the value of the victim's pecuniary loss resulting from the offense.
943.23 Annotation
To sustain a conviction for operating a car without the owner's consent, it is not necessary that the driver be the person who actually took the car. Edwards v. State,
46 Wis. 2d 249,
174 N.W.2d 269 (1970).
943.23 Annotation
Leaving a vehicle because of the threat of imminent arrest is involuntary relinquishment, not abandonment under sub. (2). State v. Olson,
106 Wis. 2d 572,
317 N.W.2d 448 (1982).
943.23 Annotation
Restitution under sub. (6) (b) is analyzed in the same manner as restitution under the general statute, s. 973.20. A defendant is entitled to a hearing, although it may be informal, to challenge the existence of damage to the victim, as well as the amount of damage. If damage results from a criminal episode in which the defendant played any part, the defendant is jointly and severally liable in restitution for the amount of damages. State v. Madlock,
230 Wis. 2d 324,
602 N.W.2d 104 (Ct. App. 1999).
943.23 Annotation
Sub. (1r) is applicable if the taking of the vehicle is a substantial factor in the victim's death. A substantial factor is not only the primary or immediate cause, but includes other significant factors. State v. Miller,
231 Wis. 2d 447,
605 N.W.2d 567 (Ct. App. 1999).
943.23 Annotation
Separate prosecutions for a carjacking in violation of sub. (1g), which occurred on one day, and operating the same car without the owner's consent in violation of sub. (3), which occurred on the next day, did not violate s. 939.66 (2r) or the constitutional protection against double jeopardy. State v. McKinnie, 2002 WI App 82,
252 Wis. 2d 172,
642 N.W.2d 617.
943.24
943.24
Issue of worthless check. 943.24(1)
(1) Whoever issues any check or other order for the payment of not more than $2,500 which, at the time of issuance, he or she intends shall not be paid is guilty of a Class A misdemeanor.
943.24(2)
(2) Whoever issues any single check or other order for the payment of more than $2,500 or whoever within a 15-day period issues more than one check or other order amounting in the aggregate to more than $2,500 which, at the time of issuance, the person intends shall not be paid is guilty of a Class I 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 issues any single check or other order for the payment of more than $2,500 or whoever within a 15-day period issues more than one check or other order amounting in the aggregate to more than $2,500 which, at the time of issuance, the person intends shall not be paid is guilty of a Class E felony.
943.24(3)
(3) Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for the payment of money, intended it should not be paid:
943.24(3)(a)
(a) Proof that, at the time of issuance, the person did not have an account with the drawee; or
943.24(3)(b)
(b) Proof that, at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within 5 days after receiving notice of nonpayment or dishonor to pay the check or other order; or
943.24(3)(c)
(c) Proof that, when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within 5 days after receiving notice of nonpayment or dishonor to pay the check or other order.
943.24(4)
(4) This section does not apply to a postdated check or to a check given for a past consideration, except a payroll check.
943.24(5)(a)(a) In addition to the other penalties provided for violation of this section, a judge may order a violator to pay restitution under
s. 973.20.
943.24(5)(b)
(b) In actions concerning violations of ordinances in conformity with this section, a judge may order a violator to make restitution under
s. 800.093.
943.24(5)(c)
(c) If the court orders restitution under
pars. (a) and
(b), any amount of restitution paid to the victim under one of those paragraphs reduces the amount the violator must pay in restitution to that victim under the other paragraph.
