943.70(3)(a)1.
1. Modifies computer equipment or supplies that are used or intended to be used in a computer, computer system or computer network.
943.70(3)(a)2.
2. Destroys, uses, takes or damages a computer, computer system, computer network or equipment or supplies used or intended to be used in a computer, computer system or computer network.
943.70(3)(b)
(b) Whoever violates this subsection is guilty of:
943.70(3)(b)2.
2. A Class I felony if the offense is committed to defraud or obtain property.
Effective date note
NOTE: Subd. 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. A Class E felony if the offense is committed to defraud or obtain property.
943.70(3)(b)3.
3. A Class H felony if the damage to the computer, computer system, computer network, equipment or supplies is greater than $2,500.
Effective date note
NOTE: Subd. 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. A Class D felony if the damage to the computer, computer system, computer network, equipment or supplies is greater than $2,500.
943.70(3)(b)4.
4. A Class F felony if the offense creates a substantial and unreasonable risk of death or great bodily harm to another.
Effective date note
NOTE: Subd. 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. A Class C felony if the offense creates a substantial and unreasonable risk of death or great bodily harm to another.
943.70(4)
(4) Computer use restriction. In addition to the other penalties provided for violation of this section, a judge may place restrictions on the offender's use of computers. The duration of any such restrictions may not exceed the maximum period for which the offender could have been imprisoned; except if the offense is punishable by forfeiture, the duration of the restrictions may not exceed 90 days.
943.70(5)
(5) Injunctive relief. Any aggrieved party may sue for injunctive relief under
ch. 813 to compel compliance with this section. In addition, owners, lessors, users or manufacturers of computers, or associations or organizations representing any of those persons, may sue for injunctive relief to prevent or stop the disclosure of information which may enable another person to gain unauthorized access to data, computer programs or supporting documentation.
943.70 Note
Judicial Council Note, 1988: [In (2) (b) 4. and (3) (b) 4.] The words "substantial risk" are substituted for "high probability" to avoid any inference that a statistical likelihood greater than 50% was ever intended. [Bill 191-S]
943.70 Annotation
This section is constitutional. Copyright law does not give a programmer a copyright in data entered into the programmer's program, and copyright law does not preempt prosecution of the programmer for destruction of data entered into the program. State v. Corcoran,
186 Wis. 2d 616,
522 N.W.2d 226 (Ct. App. 1994).
943.70 Annotation
Criminal liability for computer offenses and the new Wisconsin computer crimes act. Levy. WBB March 1983.
943.74
943.74
Theft of farm-raised fish. 943.74(1)(a)
(a) "Farm-raised fish" means a fish that is kept on a fish farm for propagation purposes or reared on a fish farm and that has not been introduced, stocked, or planted into waters outside a fish farm and that has not escaped from a fish farm.
943.74(1)(b)
(b) "Fish farm" means a facility at which a person, including this state or a local governmental unit, hatches fish eggs or rears fish for the purpose of introduction into the waters of the state, human or animal consumption, permitting fishing, or use as bait or fertilizer or for sale to another person to rear for one of those purposes.
943.74(1)(c)
(c) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district, or a combination or subunit of any of the foregoing.
943.74(2)
(2) No person may intentionally take and carry away, transfer, conceal, or retain possession of farm-raised fish of another without the other's consent and with intent to deprive the owner permanently of possession of the farm-raised fish.
943.74(3)(a)(a) Except as provided in
par. (b), whoever violates
sub. (2) is guilty of a Class A misdemeanor.
943.74(3)(b)
(b) Whoever violates
sub. (2) after having been convicted of a violation of
sub. (2) is guilty of a Class D felony.
943.74 History
History: 2001 a. 91,
105.
943.75
943.75
Unauthorized release of animals. 943.75(1)(ad)
(ad) "Animal" means all vertebrate and invertebrate species, including mammals, birds, fish and shellfish but excluding humans.
943.75(2)
(2) Whoever intentionally releases an animal that is lawfully confined for companionship or protection of persons or property, recreation, exhibition, or educational purposes, acting without the consent of the owner or custodian of the animal, is guilty of a Class C misdemeanor. A 2nd violation of this subsection by a person is a Class A misdemeanor. A 3rd or subsequent violation of this subsection by a person is 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 intentionally releases an animal that is lawfully confined for companionship or protection of persons or property, recreation, exhibition or educational purposes, acting without the consent of the owner or custodian of the animal, is guilty of a Class C misdemeanor. A 2nd violation of this subsection by a person is a Class A misdemeanor. A 3rd or subsequent violation of this subsection by a person is a Class E felony.
943.75(2m)
(2m) Whoever intentionally releases an animal that is lawfully confined for scientific, farming, restocking, research or commercial purposes, acting without the consent of the owner or custodian of the animal, is guilty of a Class H felony.
Effective date note
NOTE: Sub. (2m) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(2m) Whoever intentionally releases an animal that is lawfully confined for scientific, farming, restocking, research or commercial purposes, acting without the consent of the owner or custodian of the animal, is guilty of a Class C felony.
943.75(3)
(3) Subsections (2) and
(2m) do not apply to any humane officer, local health officer, peace officer, employee of the department of natural resources while on any land licensed under
s. 169.15,
169.18, or
169.19, subject to certification under
s. 90.21, or designated as a wildlife refuge under
s. 29.621 (1) or employee of the department of agriculture, trade and consumer protection if the officer's or employee's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties. This subsection does not limit any other person from claiming the defense of privilege under
s. 939.45 (3).
943.75(4)
(4) When the existence of an exception under
sub. (3) has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the exception do not exist in order to sustain a finding of guilt under
sub. (2) or
(2m).
943.76
943.76
Infecting animals with a contagious disease. 943.76(1)(a)
(a) "Livestock" means cattle, horses, swine, sheep, goats, farm-raised deer, as defined in
s. 95.001 (1) (a) [
s. 95.001 (1) (ag)], poultry, and other animals used or to be used in the production of food, fiber, or other commercial products.
943.76 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
943.76(1)(c)
(c) "Reckless conduct" means conduct which creates a substantial risk of an animal's death or a substantial risk of bodily harm to an animal if the actor is aware of that risk.
943.76(2)(a)(a) Whoever intentionally introduces a contagious or infectious disease into livestock without the consent of the owner of the livestock is guilty of a Class F felony.
Effective date note
NOTE: Par. (a) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(a) Whoever intentionally introduces a contagious or infectious disease into livestock without the consent of the owner of the livestock is guilty of a Class C felony.
943.76(2)(b)
(b) Whoever intentionally introduces a contagious or infectious disease into wild deer without the consent of the department of natural resources is guilty of a Class F 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 intentionally introduces a contagious or infectious disease into wild deer without the consent of the department of natural resources is guilty of a Class C felony.
943.76(3)(a)(a) Whoever, through reckless conduct, introduces a contagious or infectious disease other than paratuberculosis into livestock without the consent of the owner of the livestock is guilty of a Class A misdemeanor.
943.76(3)(b)
(b) Whoever, through reckless conduct, introduces a contagious or infectious disease other than paratuberculosis into wild deer without the consent of the department of natural resources is guilty of a Class A misdemeanor.
943.76(3)(c)
(c) This subsection does not apply if the actor's conduct is undertaken pursuant to a directive issued by the department of agriculture, trade and consumer protection or an agreement between the actor and the department of agriculture, trade and consumer protection, if the purpose of the directive or the agreement is to prevent or control the spread of the disease.
943.76(4)(a)(a) Whoever intentionally threatens to introduce a contagious or infectious disease into livestock located in this state without the consent of the owner of the livestock is guilty of a Class H felony if one of the following applies:
Effective date note
NOTE: Par. (a) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(a) Whoever intentionally threatens to introduce a contagious or infectious disease into livestock located in this state without the consent of the owner of the livestock is guilty of a Class D felony if one of the following applies:
943.76(4)(a)1.
1. The owner of the livestock is aware of the threat and reasonably believes that the actor will attempt to carry out the threat.
943.76(4)(a)2.
2. The owner of the livestock is unaware of the threat, but if the owner were apprised of the threat, it would be reasonable for the owner to believe that the actor would attempt to carry out the threat.
943.76(4)(b)
(b) Whoever intentionally threatens to introduce a contagious or infectious disease into wild deer located in this state without the consent of the department of natural resources is guilty of a Class H felony if one of the following applies:
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 intentionally threatens to introduce a contagious or infectious disease into wild deer located in this state without the consent of the department of natural resources is guilty of a Class D felony if one of the following applies:
943.76(4)(b)1.
1. The department of natural resources is aware of the threat and reasonably believes that the actor will attempt to carry out the threat.
943.76(4)(b)2.
2. The department of natural resources is unaware of the threat, but if the department were apprised of the threat, it would be reasonable for the department to believe that the actor would attempt to carry out the threat.
943.76 History
History: 2001 a. 16,
109.
