943.201(1)(b)13.
13. An individual's unique biometric data, including fingerprint, voice print, retina or iris image, or any other unique physical representation.
943.201(1)(b)14.
14. Any other information or data that is unique to, assigned to, or belongs to an individual and that is intended to be used to access services, funds, or benefits of any kind to which the individual is entitled.
943.201(1)(b)15.
15. Any other information that can be associated with a particular individual through one or more identifiers or other information or circumstances.
943.201(2)
(2) Whoever, for any of the following purposes, intentionally uses, attempts to use, or possesses with intent to use any personal identifying information or personal identification document of an individual, including a deceased individual, without the authorization or consent of the individual and by representing that he or she is the individual, that he or she is acting with the authorization or consent of the individual, or that the information or document belongs to him or her is guilty of a Class H felony:
943.201(2)(a)
(a) To obtain credit, money, goods, services, employment, or any other thing of value or benefit.
943.201(2)(c)
(c) To harm the reputation, property, person, or estate of the individual.
943.201(3)
(3) It is an affirmative defense to a prosecution under this section that the defendant was authorized by law to engage in the conduct that is the subject of the prosecution. A defendant who raises this affirmative defense has the burden of proving the defense by a preponderance of the evidence.
943.201(4)
(4) If an individual reports to a law enforcement agency for the jurisdiction which is the individual's residence that personal identifying information or a personal identifying document belonging to the individual reasonably appears to be in the possession of another in violation of this section or that another has used or has attempted to use it in violation of this section, the agency shall prepare a report on the alleged violation. If the law enforcement agency concludes that it appears not to have jurisdiction to investigate the violation, it shall inform the individual which law enforcement agency may have jurisdiction. A copy of a report prepared under this subsection shall be furnished upon request to the individual who made the request, subject to payment of any reasonable fee for the copy.
943.201 Annotation
Because bail is statutorily defined as "monetary conditions of release," and can be expressed as cash, a bond, or both, one who misappropriates another's identity and uses it to obtain lower bail in a criminal case has done so to obtain credit or money within the meaning of this section. State v. Peters, 2003 WI 88,
263 Wis. 2d 475,
665 N.W.2d 171,
01-3267.
943.203
943.203
Unauthorized use of an entity's identifying information or documents. 943.203(1)(a)
(a) "Entity" means a person other than an individual.
943.203(1)(b)
(b) "Identification document" means any of the following:
943.203(1)(b)2.
2. An entity's card or plate, if it can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value or benefit, or if it can be used to initiate a transfer of funds.
943.203(1)(b)3.
3. Any other device that is unique to, assigned to, or belongs to an entity and that is intended to be used to access services, funds, or benefits of any kind to which the entity is entitled.
943.203(1)(c)
(c) "Identifying information" means any of the following information:
943.203(1)(c)6.
6. Any of the following, if it can be used, alone or in conjunction with any access device, to obtain money, goods, services, or any other thing of value or benefit, or if it can be used to initiate a transfer of funds:
943.203(1)(c)6.b.
b. An entity's electronic serial number, mobile identification number, entity identification number, or other telecommunications service, equipment, or instrument identifier.
943.203(1)(c)7.
7. Any other information or data that is unique to, assigned to, or belongs to an entity and that is intended to be used to access services, funds, or benefits of any kind to which the entity is entitled.
943.203(1)(c)8.
8. Any other information that can be associated with a particular entity through one or more identifiers or other information or circumstances.
943.203(2)
(2) Whoever, for any of the following purposes, intentionally uses, attempts to use, or possesses with intent to use any identifying information or identification document of an entity without the authorization or consent of the entity and by representing that the person is the entity or is acting with the authorization or consent of the entity is guilty of a Class H felony:
943.203(2)(a)
(a) To obtain credit, money, goods, services, or anything else of value or benefit.
943.203(2)(b)
(b) To harm the reputation or property of the entity.
943.203(3)
(3) It is an affirmative defense to a prosecution under this section that the defendant was authorized by law to engage in the conduct that is the subject of the prosecution. A defendant who raises this affirmative defense has the burden of proving the defense by a preponderance of the evidence.
943.203(4)
(4) If an entity reports to a law enforcement agency for the jurisdiction in which the entity is located that identifying information or an identification document belonging to the entity reasonably appears to be in the possession of another in violation of this section or that another has used or has attempted to use it in violation of this section, the agency shall prepare a report on the alleged violation. If the law enforcement agency concludes that it appears not to have jurisdiction to investigate the violation, it shall inform the entity which law enforcement agency may have jurisdiction. A copy of a report prepared under this subsection shall be furnished upon request to the entity that made the request, subject to payment of any reasonable fee for the copy.
943.203 History
History: 2003 a. 36,
320.
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.
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:
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:
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.
943.207(4)(a)
(a) The transfer by a cable television operator or radio or television broadcaster of any recorded sounds, other than from the sound track of a motion picture, intended for, or in connection with, broadcast or other transmission or related uses, or for archival purposes.
943.207(4)(b)
(b) The transfer of any video tape or nonvideo audio tape intended for possible use in a civil or criminal action or special proceeding in a court of record.
943.208
943.208
Recording performance without consent of performance owner. 943.208(1)(1) Whoever does any of the following for commercial advantage or private financial gain may be penalized as provided in
sub. (2):
943.208(1)(a)
(a) Creates a recording of a performance without consent of the performance owner and with intent to sell or rent the recording.
943.208(1)(b)
(b) Advertises, offers for sale or rent, sells, rents or transports a recording of a performance with knowledge that the sounds, images or both from the performance embodied in the recording were recorded without the consent of the performance owner.
943.208(1)(c)
(c) Possesses with intent to advertise, offer for sale or rent, sell, rent or transport a recording of a performance with knowledge that the sounds, images or both from the performance embodied in the recording were recorded without the consent of the performance owner.
943.208(2)(a)(a) Whoever violates
sub. (1) is guilty of a Class A misdemeanor if the person creates, advertises, offers for sale or rent, sells, rents, transports or possesses fewer than 1,000 recordings embodying sound or fewer than 100 audiovisual recordings in violation of
sub. (1) during a 180-day period, and the value of the recordings does not exceed $2,500.
