943.38(3)(a)
(a) Falsely makes or alters any object so that it appears to have value because of antiquity, rarity, source or authorship which it does not possess; or possesses any such object knowing it to have been thus falsely made or altered and with intent to transfer it as original and genuine, by sale or for security purposes; or
943.38(3)(b)
(b) Falsely makes or alters any writing of a kind commonly relied upon for the purpose of identification or recommendation; or
943.38(3)(c)
(c) Without consent, places upon any merchandise an identifying label or stamp which is or purports to be that of another craftsman, tradesman, packer or manufacturer; or
943.38(3)(d)
(d) Falsely makes or alters a membership card purporting to be that of a fraternal, business or professional association or of a labor union; or possesses any such card knowing it to have been thus falsely made or altered and with intent to use it or cause or permit its use to deceive another; or
943.38(3)(e)
(e) Falsely makes or alters any writing purporting to evidence a right to transportation on any common carrier; or
943.38(3)(f)
(f) Falsely makes or alters a certified abstract of title to real estate.
943.38 History
History: 1977 c. 173;
2001 a. 109.
943.38 Annotation
A defendant convicted of forgery (uttering) under sub. (2), may be sentenced to: 1) a prison term not to exceed 10 years; 2) a fine of not more than $5,000; 3) both a prison term and a fine; 4) probation in lieu of all punishment; 5) probation coupled with a fine; or 6) probation with conditions, which may include restitution; but no statute allows a trial court to impose restitution or any other condition when the statutory penalty rather than probation is selected. Spannuth v. State,
70 Wis. 2d 362,
234 N.W.2d 79 (1975).
943.38 Annotation
Acceptance or cashing of a forged check is not an element of uttering under sub. (2). Little v. State,
85 Wis. 2d 558,
271 N.W.2d 105 (1978).
943.38 Annotation
Fraudulent use of a credit card need not involve forgery. If forgery is involved, the prosecutor has discretion to charge under s. 943.41 or 943.38. Mack v. State,
93 Wis. 2d 287,
286 N.W.2d 563 (1980).
943.38 Annotation
Signed receipts for bogus magazine subscriptions constituted forgery even though the defrauded subscriber did not specifically rely on the receipt. State v. Davis,
105 Wis. 2d 690,
314 N.W.2d 907 (Ct. App. 1981).
943.38 Annotation
The absence of a maker's signature did not immunize the accused from the crime of uttering a forged writing. State v. Machon,
112 Wis. 2d 47,
331 N.W.2d 665 (Ct. App. 1983).
943.38 Annotation
Depositing a forged instrument into an automated teller machine constitutes "uttering" under sub. (2). State v. Tolliver,
149 Wis. 2d 166,
440 N.W.2d 571 (Ct. App. 1989).
943.38 Annotation
Whether a writing is a negotiable instrument and whether the conduct of the victims when presented with the writing was negligent is irrelevant to whether the writings were within the terms of sub. (1) (a). State v. Perry,
215 Wis. 2d 696,
573 N.W.2d 876 (Ct. App. 1997).
943.38 Annotation
Sub. (2) does not incorporate the requirement of sub. (1) that the offender act with intent to defraud. State v. Shea,
221 Wis. 2d 418,
585 N.W.2d 662 (Ct. App. 1998).
943.38 Annotation
A check maker's intent or reliance on an endorsement are immaterial to the crime of forgery by the endorser. The essence of forgery is the intent to defraud. The use of an assumed name may be a forgery if done for a fraudulent purpose. State v. Czarnecki, 2000 WI App 155,
237 Wis. 2d 794,
615 N.W.2d 672.
943.38 Annotation
A person cannot falsely make a postal money order by writing in the name of someone else as the payer as that does not affect the genuineness of the money order itself. It is not forgery to add mere surplusage to a document. State v. Entringer, 2001 WI App 157,
246 Wis. 2d 839,
631 N.W.2d 651.
943.39
943.39
Fraudulent writings. Whoever, with intent to injure or defraud, does any of the following is guilty of a Class H felony:
Effective date note
NOTE: 943.39 (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
943.39 Fraudulent writings. Whoever, with intent to injure or defraud, does any of the following is guilty of a Class D felony:
943.39(1)
(1) Being a director, officer, manager, agent or employee of any corporation or limited liability company falsifies any record, account or other document belonging to that corporation or limited liability company by alteration, false entry or omission, or makes, circulates or publishes any written statement regarding the corporation or limited liability company which he or she knows is false; or
943.39(2)
(2) By means of deceit obtains a signature to a writing which is the subject of forgery under
s. 943.38 (1); or
943.39(3)
(3) Makes a false written statement with knowledge that it is false and with intent that it shall ultimately appear to have been signed under oath.
943.392
943.392
Fraudulent data alteration. Whoever, with intent to injure or defraud, manipulates or changes any data, as defined in
s. 943.70 (1) (f), is guilty of a Class A misdemeanor.
943.392 History
History: 1993 a. 496.
943.395
943.395
Fraudulent insurance and employee benefit program claims. 943.395(1)(1) Whoever, knowing it to be false or fraudulent, does any of the following may be penalized as provided in
sub. (2):
943.395(1)(a)
(a) Presents or causes to be presented a false or fraudulent claim, or any proof in support of such claim, to be paid under any contract or certificate of insurance; or
943.395(1)(b)
(b) Prepares, makes or subscribes to a false or fraudulent account, certificate, affidavit, proof of loss or other document or writing, with knowledge that the same may be presented or used in support of a claim for payment under a policy of insurance.
943.395(1)(c)
(c) Presents or causes to be presented a false or fraudulent claim or benefit application, or any false or fraudulent proof in support of such a claim or benefit application, or false or fraudulent information which would affect a future claim or benefit application, to be paid under any employee benefit program created by
ch. 40.
943.395(1)(d)
(d) Makes any misrepresentation in or with reference to any application for membership or documentary or other proof for the purpose of obtaining membership in or noninsurance benefit from any fraternal subject to
chs. 600 to
646, for himself or herself or any other person.
943.395(2)(a)
(a) Is guilty of a Class A misdemeanor if the value of the claim or benefit does not exceed $2,500.
943.395(2)(b)
(b) Is guilty of a Class I felony if the value of the claim or benefit exceeds $2,500.
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) Is guilty of a Class E felony if the value of the claim or benefit exceeds $2,500.
943.395 Annotation
The "value of the claim" under sub. (2) refers to the amount of the entire claim and not the fraudulent portion. State v. Briggs,
214 Wis. 2d 281,
571 N.W.2d 881 (Ct. App. 1997).
943.40
943.40
Fraudulent destruction of certain writings. Whoever with intent to defraud does either of the following is guilty of a Class H felony:
Effective date note
NOTE: 943.40 (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
943.40 Fraudulent destruction of certain writings. Whoever with intent to defraud does either of the following is guilty of a Class D felony:
943.40(1)
(1) Destroys or mutilates any corporate books of account or records; or
943.40(2)
(2) Completely erases, obliterates or destroys any writing which is the subject of forgery under
s. 943.38 (1) (a).
943.40 History
History: 1977 c. 173;
2001 a. 109.
943.41
943.41
Financial transaction card crimes. 943.41(1)(a)
(a) "Alter" means add information to, change information on or delete information from.
943.41(1)(am)
(am) "Automated financial service facility" means a machine activated by a financial transaction card, personal identification code or both.
943.41(1)(b)
(b) "Cardholder" means the person to whom or for whose benefit a financial transaction card is issued.
943.41(1)(c)
(c) "Counterfeit" means to manufacture, produce or create by any means a financial transaction card or purported financial transaction card without the issuer's consent or authorization.
943.41(1)(e)
(e) "Expired financial transaction card" means a financial transaction card which is no longer valid because the term shown thereon has elapsed.
943.41(1)(em)
(em) "Financial transaction card" means an instrument or device issued by an issuer for the use of the cardholder in any of the following:
943.41(1)(em)2.
2. Certifying or guaranteeing the availability of funds sufficient to honor a draft or check.
943.41(1)(f)
(f) "Issuer" means the business organization or financial institution which issues a financial transaction card or its duly authorized agent.
943.41(1)(fm)
(fm) "Personal identification code" means a numeric, alphabetic or alphanumeric code or other means of identification required by an issuer to permit a cardholder's authorized use of a financial transaction card.
943.41(1)(g)
(g) "Receives" or "receiving" means acquiring possession or control or accepting as security for a loan.
943.41(1)(h)
(h) "Revoked financial transaction card" means a financial transaction card which is no longer valid because permission to use it has been suspended or terminated by the issuer.
943.41(2)
(2) False statements. No person shall make or cause to be made, whether directly or indirectly, any false statements in writing, knowing it to be false and with intent that it be relied upon, respecting the person's identity or that of any other person or the person's financial condition or that of any other person or other entity for the purpose of procuring the issuance of a financial transaction card.
943.41(3)(a)(a) No person shall acquire a financial transaction card from the person, possession, custody or control of another without the cardholder's consent or, with knowledge that it has been so acquired, receive the financial transaction card with intent to use it or sell it or to transfer it to a person other than the issuer. Acquiring a financial transaction card without consent includes obtaining it by conduct defined as statutory theft. If a person has in his or her possession or under his or her control financial transaction cards issued in the names of 2 or more other persons it is prima facie evidence that the person acquired them in violation of this subsection.
943.41(3)(b)
(b) No person shall receive a financial transaction card that the person knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and retain possession thereof with intent to sell it, or to transfer it to a person other than the issuer or the cardholder, or to use it. The possession of such a financial transaction card for more than 7 days by a person other than the issuer or the cardholder is prima facie evidence that such person intended to sell, transfer or use it in violation of this subsection.
943.41(3)(c)
(c) No person other than the issuer shall sell a financial transaction card. No person shall buy a financial transaction card from a person other than the issuer.
943.41(3)(d)
(d) No person shall, with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value, or any other person, obtain control over a financial transaction card as security for debt.
943.41(3)(e)
(e) No person other than the issuer may receive a financial transaction card issued in the name of another person which he or she has reason to know was taken or retained in violation of this subsection or
sub. (2). Either of the following is prima facie evidence of a violation of this paragraph:
943.41(3)(e)1.
1. Possession of 3 or more financial transaction cards with reason to know that the financial transaction cards were taken or retained in violation of this subsection or
sub. (2).
943.41(3)(e)2.
2. Possession of a financial transaction card with knowledge that the financial transaction card was taken or retained in violation of this subsection or
sub. (2).
943.41(4)
(4) Forgery of financial transaction card. 943.41(4)(a)(a) No person shall, with intent to defraud a purported issuer, a person or organization providing money, goods, services or anything else of value or any other person, alter or counterfeit a financial transaction card or purported financial transaction card or possess a financial transaction card or purported financial transaction card with knowledge that it has been altered or counterfeited. The possession by a person other than the purported issuer of 2 or more financial transaction cards which have been altered or counterfeited is prima facie evidence that the person intended to defraud or that the person knew the financial transaction cards to have been so altered or counterfeited.
943.41(4)(b)
(b) No person other than the cardholder or a person authorized by the cardholder shall, with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value or any other person, sign a financial transaction card. Possession by a person other than the intended cardholder or one authorized by the intended cardholder of a financial transaction card signed by such person is prima facie evidence that such person intended to defraud in violation of this subsection.
943.41(5)(a)1.1. No person shall, with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value or any other person:
943.41(5)(a)1.a.
a. Use, for the purpose of obtaining money, goods, services or anything else of value, a financial transaction card obtained or retained in violation of
sub. (3) or a financial transaction card which the person knows is forged, expired or revoked; or
943.41(5)(a)1.b.
b. Obtain money, goods, services or anything else of value by representing without the consent of the cardholder that the person is the holder of a specified card or by representing that the person is the holder of a card and such card has not in fact been issued.
943.41(5)(a)2.
2. Knowledge of revocation shall be presumed to have been received by a cardholder 4 days after it has been mailed to the cardholder at the address set forth on the financial transaction card or at the cardholder's last-known address by registered or certified mail, return receipt requested, and if the address is more than 500 miles from the place of mailing, by air mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone and Canada, notice shall be presumed to have been received 10 days after mailing by registered or certified mail.
943.41(5)(b)
(b) No cardholder shall use a financial transaction card issued to the cardholder or allow another person to use a financial transaction card issued to the cardholder with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value or any other person.
943.41(5)(c)
(c) No person may deposit a stolen or forged instrument by means of an automated financial service facility with knowledge of the character of the instrument.
943.41(5)(d)
(d) No person may, with intent to defraud anyone:
943.41(5)(d)1.
1. Introduce information into an electronic funds transfer system.
943.41(5)(d)2.
2. Transmit information to or intercept or alter information from an automated financial service facility.
943.41(5)(e)
(e) No person may knowingly receive anything of value from a violation of
par. (c) or
(d).
943.41(6)(a)(a) No person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a financial transaction card by the cardholder, or any agent or employee of such person, shall, with intent to defraud the issuer or the cardholder, furnish money, goods, services or anything else of value upon presentation of a financial transaction card obtained or retained under circumstances prohibited by
sub. (3) or a financial transaction card which the person knows is forged, expired or revoked.
943.41(6)(b)
(b) No person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a financial transaction card by the cardholder, or any agent or employee of such person, shall, with intent to defraud, fail to furnish money, goods, services or anything else of value which the person represents in writing to the issuer that the person has furnished.
943.41(6)(c)
(c) No person other than the cardholder shall possess an incomplete financial transaction card with intent to complete it without the consent of the issuer. A financial transaction card is "incomplete" if part of the matter, other than the signature of the cardholder, which an issuer requires to appear on the financial transaction card before it can be used by a cardholder has not yet been stamped, embossed, imprinted or written on it.
