943.28
943.28
Loan sharking prohibited. 943.28(1)
(1) For the purposes of this section:
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 F 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 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 F 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 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 F felony.
Effective date note
NOTE: Sub. (4) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 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 Wis. 2d 290,
560 N.W.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 H felony.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 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 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 H 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 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 H felony.
Effective date note
NOTE: Sub. (4) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 H felony.
Effective date note
NOTE: Par. (b) 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, 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 a threat need not occur in Wisconsin to support an extortion charge venued in Wisconsin. State v. Kelly,
148 Wis. 2d 774,
436 N.W.2d 883 (Ct. App. 1989).
943.30 Annotation
A threat to falsely testify unless paid, in violation of criminal law, is a threat to property within the purview of sub. (1). State v. Manthey,
169 Wis. 2d 673,
487 N.W.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 Wis. 2d 418,
497 N.W.2d 766 (Ct. App. 1993).
943.30 Annotation
A threat to one's education constitutes a threat to one's profession under sub. (1), and a threat to terminate promised financial support could constitute a threat to property. State v. Kittilstad,
231 Wis. 2d 245,
603 N.W.2d 732 (1999).
943.30 Annotation
A claim under this section is governed by 6-year limitation period under s. 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 I felony.
Effective date note
NOTE: This section is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
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;
2001 a. 109.
943.31 Annotation
A threat to injure a manager's reputation unless a job is offered violated this section. State v. Gilkes,
118 Wis. 2d 149,
345 N.W.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 E felony:
Effective date note
NOTE: Sub. (1) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 C 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 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 by use of force or a gun seeks to repossess specific property that he or she owns and has a present right of possession to 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 that ownership to the specific coins and bills in the debtor's possession. Edwards v. State,
49 Wis. 2d 105,
181 N.W.2d 383 (1970).
943.32 Annotation
Since attempted robbery requires proof of elements in addition to those elements required to prove burglary, they are separate and distinct crimes. State v. DiMaggio,
49 Wis. 2d 565,
182 N.W.2d 466 (1971).
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 it is harmless error when the facts are uncontroverted. Claybrooks v. State,
50 Wis. 2d 79,
183 N.W.2d 139 (1971).
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 all the evidence is to the effect that the defendant had a gun. Claybrooks v. State,
50 Wis. 2d 87,
183 N.W.2d 143 (1971).
943.32 Annotation
If the evidence is clear that the defendant was armed, the court need not submit a verdict of unarmed robbery. Kimmons v. State,
51 Wis. 2d 266,
186 N.W.2d 308 (1971).
943.32 Annotation
An information charging armed robbery is void if it fails to allege the use of or threat of force to overcome the owner's resistance. Champlain v. State,
53 Wis. 2d 751,
193 N.W.2d 868 (1972).
943.32 Annotation
Theft is a lesser included offense of robbery. Both require asportation. Moore v. State,
55 Wis. 2d 1,
197 N.W.2d 820 (1972).
943.32 Annotation
Taking a pouch from the victim by force and in such a manner as to overcome any physical resistance or power of resistance constituted robbery and not theft under s. 943.20. Walton v. State,
64 Wis. 2d 36,
218 N.W.2d 309 (1974).
943.32 Annotation
When a victim testified that defendant's accomplice held an object to his throat while the defendant took money from his person and 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 it was not error to deny the defendant's request for an instruction on theft from a person. State v. Powers,
66 Wis. 2d 84,
224 N.W.2d 206 (1974).
943.32 Annotation
When a defendant lost money to a dice cheat and thereafter recovered a similar amount at gunpoint, the jury could convict despite the defendant's claim that the bills recovered were those lost. Austin v. State,
86 Wis. 2d 213,
271 N.W.2d 668 (1978).
943.32 Annotation
Sub. (1) states one offense that may be committed by alternate means. The jury was properly instructed in the disjunctive on the force element. Manson v. State,
101 Wis. 2d 413,
304 N.W.2d 729 (1981).
943.32 Annotation
Armed robbery can be the natural and probable consequence of robbery. In such case, an aider and abettor need not have had actual knowledge that the principals would be armed. State v. Ivey,
119 Wis. 2d 591,
350 N.W.2d 622 (1984).
943.32 Annotation
If the defendant commits a robbery while merely possessing a dangerous weapon, the penalty enhancer under s. 939.63 is applicable. State v. Robinson,
140 Wis. 2d 673,
412 N.W.2d 535 (Ct. App. 1987).
943.32 Annotation
A defendant's lack of intent to make a victim believe that 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 Wis. 2d 1,
496 N.W.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 Wis. 2d 418,
497 N.W.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 Wis. 2d 586,
556 N.W.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 that is entered by force, but cannot be moved by the defendant. State v. Johnson,
207 Wis. 2d 240,
558 N.W.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 $2,500.
943.34(1)(bf)
(bf) A Class I felony, if the value of the property exceeds $2,500 but does not exceed $5,000.
943.34(1)(bm)
(bm) A Class H felony, if the value of the property exceeds $5,000 but does not exceed $10,000.
943.34(1)(c)
(c) A Class G felony, if the value of the property exceeds $10,000.
Effective date note
NOTE: Par. (c) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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
The fact that sequentially received stolen property was purchased for a lump sum is an insufficient basis to aggregate the value of the property; the crime of receiving stolen property does not require payment. State v. Spraggin,
71 Wis. 2d 604,
239 N.W.2d 297 (1976).
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
