943.45(1)(e)
(e) Using any other contrivance, device or means to avoid payment of the lawful charges, in whole or in part, for such service.
943.45(2)
(2) This section shall apply when the said telecommunications service either originates or terminates, or both, in this state, or when the charges for said telecommunications service would have been billable, in normal course, by a person providing telecommunications service in this state, but for the fact that said service was obtained, or attempted to be obtained, by one or more of the means set forth in
sub. (1).
943.45(3)
(3) The following penalties apply to violations of this section:
943.45(3)(a)
(a) Except as provided in
pars. (b) to
(d), any person who violates
sub. (1) is subject to a Class C forfeiture.
943.45(3)(b)
(b) Except as provided in
pars. (c) and
(d), any person who violates
sub. (1) as a 2nd or subsequent offense is guilty of a Class B misdemeanor.
943.45(3)(c)
(c) Except as provided in
par. (d), any person who violates
sub. (1) for direct or indirect commercial advantage or private financial gain is guilty of a Class A misdemeanor.
943.45(3)(d)
(d) Any person who violates
sub. (1) for direct or indirect commercial advantage or private financial gain as a 2nd or subsequent offense is guilty of a Class I felony.
943.45 Annotation
Each separate plan or scheme to obtain service by fraud is a separate chargeable offense. State v. Davis,
171 Wis. 2d 711,
492 N.W.2d 174 (Ct. App. 1992).
943.455
943.455
Theft of commercial mobile service. 943.455(1)(a)
(a) ``Commercial mobile service" means commercial mobile service, as defined in
s. 196.01 (2i), that is provided by a company for payment.
943.455(2)
(2) Prohibitions. No person may intentionally do any of the following:
943.455(2)(a)
(a) Obtain or attempt to obtain commercial mobile service from a company by trick, artifice, deception, use of an illegal device or other fraudulent means with the intent to deprive that company of any or all lawful compensation for rendering each type of service obtained. The intent required for a violation of this paragraph may be inferred from the presence on the property and in the actual possession of the defendant of a device not authorized by the company, the major purpose of which is to permit reception of commercial mobile services without payment. This inference is rebutted if the defendant demonstrates that he or she purchased that device for a legitimate use.
943.455(2)(b)
(b) Give technical assistance or instruction to any person in obtaining or attempting to obtain any commercial mobile service without payment of all lawful compensation to the company providing that service. This paragraph does not apply if the defendant demonstrates that the technical assistance or instruction was given for a legitimate purpose.
943.455(2)(c)
(c) Maintain an ability to connect, whether physical, electronic, by radio wave or by other means, with any facilities, components or other devices used for the transmission of commercial mobile services for the purpose of obtaining commercial mobile service without payment of all lawful compensation to the company providing that service. The intent required for a violation of this paragraph may be inferred from proof that the commercial mobile service to the defendant was authorized under a service agreement with the defendant and has been terminated by the company and that thereafter there exists in fact an ability to connect to the company's commercial mobile service system.
943.455(2)(d)
(d) Make or maintain any modification or alteration to any device installed with the authorization of a company for the purpose of obtaining any service offered by that company which that person is not authorized by that company to obtain. The intent required for a violation of this paragraph may be inferred from proof that, as a matter of standard procedure, the company places written warning labels on its telecommunications devices explaining that tampering with the device is a violation of law and the device is found to have been tampered with, altered or modified so as to allow the reception of services offered by the company without authority to do so.
943.455(2)(e)
(e) Possess without authority any device designed to receive from a company any services offered for sale by that company, whether or not the services are encoded, filtered, scrambled or otherwise made unintelligible, or designed to perform or facilitate the performance of any of the acts under
pars. (a) to
(d) with the intent that that device be used to receive that company's services without payment. Intent to violate this paragraph for direct or indirect commercial advantage or private financial gain may be inferred from proof of the existence on the property and in the actual possession of the defendant of a device if the totality of circumstances, including quantities or volumes, indicates possession for resale.
943.455(2)(f)
(f) Manufacture, import into this state, distribute, publish, advertise, sell, lease or offer for sale or lease any device or any plan or kit for a device designed to receive commercial mobile services offered for sale by a company, whether or not the services are encoded, filtered, scrambled or otherwise made unintelligible, with the intent that that device, plan or kit be used for obtaining a company's services without payment. The intent required for a violation of this paragraph may be inferred from proof that the defendant has sold, leased or offered for sale or lease any device, plan or kit for a device in violation of this paragraph and during the course of the transaction for sale or lease the defendant expressly states or implies to the buyer that the product will enable the buyer to obtain commercial mobile service without charge.
943.455(4)
(4) Penalties. The following penalties apply for violations of this section:
943.455(4)(b)
(b) Except as provided in
pars. (c) and
(d), any person who violates
sub. (2) (a) to
(f) as a 2nd or subsequent offense is guilty of a Class B misdemeanor.
943.455(4)(c)
(c) Except as provided in
par. (d), any person who violates
sub. (2) (a) to
(f) for direct or indirect commercial advantage or private financial gain is guilty of a Class A misdemeanor.
943.455(4)(d)
(d) Any person who violates
sub. (2) (a) to
(f) for direct or indirect commercial advantage or private financial gain as a 2nd or subsequent offense is guilty of a Class I felony.
943.455(5)
(5) Exception. This section does not affect the use by a person of commercial mobile services if the services have been paid for.
943.46
943.46
Theft of cable television service. 943.46(1)(a)
(a) "Cable television service" has the meaning given in
s. 196.01 (1p). "Cable television service" does not include signals received by privately owned antennas that are not connected to a cable television system whether or not the same signals are provided by a cable television company.
943.46(1)(b)
(b) "Private financial gain" does not include the gain resulting to any individual from the private use in that individual's dwelling unit of any programming for which the individual has not obtained authorization.
943.46(2)
(2) Prohibitions. No person may intentionally do any of the following:
943.46(2)(a)
(a) Obtain or attempt to obtain cable television service from a company by trick, artifice, deception, use of an illegal device or illegal decoder or other fraudulent means with the intent to deprive that company of any or all lawful compensation for rendering each type of service obtained. The intent required for a violation of this paragraph may be inferred from the presence on the property and in the actual possession of the defendant of a device not authorized by the cable television company, the major purpose of which is to permit reception of cable television services without payment. This inference is rebutted if the defendant demonstrates that he or she purchased that device for a legitimate use.
943.46(2)(b)
(b) Give technical assistance or instruction to any person in obtaining or attempting to obtain any cable television service without payment of all lawful compensation to the company providing that service. This paragraph does not apply if the defendant demonstrates that the technical assistance or instruction was given or the installation of the connection, descrambler or receiving device was for a legitimate use.
943.46(2)(c)
(c) Make or maintain a connection, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of cable television services for the purpose of distributing cable television service to any other dwelling unit without authority from a cable television company.
943.46(2)(d)
(d) Make or maintain a connection, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of cable television services for the purpose of obtaining cable television service without payment of all lawful compensation to the company providing that service. The intent required for a violation of this paragraph may be inferred from proof that the cable service to the defendant's residence or business was connected under a service agreement with the defendant and has been disconnected by the cable television company and that thereafter there exists in fact a connection to the cable system at the defendant's residence or business.
943.46(2)(e)
(e) Make or maintain any modification or alteration to any device installed with the authorization of a cable television company for the purpose of intercepting or receiving any program or other service carried by that company which that person is not authorized by that company to receive. The intent required for a violation of this paragraph may be inferred from proof that, as a matter of standard procedure, the cable television company places written warning labels on its converters or decoders explaining that tampering with the device is a violation of law and the converter or decoder is found to have been tampered with, altered or modified so as to allow the reception or interception of programming carried by the cable television company without authority to do so. The trier of fact may also infer that a converter or decoder has been altered or modified from proof that the cable television company, as a matter of standard procedure, seals the converters or decoders with a label or mechanical device, that the seal was shown to the customer upon delivery of the decoder and that the seal has been removed or broken. The inferences under this paragraph are rebutted if the cable television company cannot demonstrate that the intact seal was shown to the customer.
943.46(2)(f)
(f) Possess without authority any device or printed circuit board designed to receive from a cable television system any cable television programming or services offered for sale over that cable television system, whether or not the programming or services are encoded, filtered, scrambled or otherwise made unintelligible, or perform or facilitate the performance of any of the acts under
pars. (a) to
(e) with the intent that that device or printed circuit be used to receive that cable television company's services without payment. Intent to violate this paragraph for direct or indirect commercial advantage or private financial gain may be inferred from proof of the existence on the property and in the actual possession of the defendant of a device if the totality of circumstances, including quantities or volumes, indicates possession for resale.
943.46(2)(g)
(g) Manufacture, import into this state, distribute, publish, advertise, sell, lease or offer for sale or lease any device, printed circuit board or any plan or kit for a device or for a printed circuit designed to receive the cable television programming or services offered for sale over a cable television system from a cable television system, whether or not the programming or services are encoded, filtered, scrambled or otherwise made unintelligible, with the intent that that device, printed circuit, plan or kit be used for the reception of that company's services without payment. The intent required for a violation of this paragraph may be inferred from proof that the defendant has sold, leased or offered for sale or lease any device, printed circuit board, plan or kit for a device or for a printed circuit board in violation of this paragraph and during the course of the transaction for sale or lease the defendant expressly states or implies to the buyer that the product will enable the buyer to obtain cable television service without charge.
943.46(4)
(4) Penalties. The following penalties apply for violations of this section:
943.46(4)(b)
(b) Except as provided in
pars. (c) and
(d), any person who violates
sub. (2) (a) to
(f) as a 2nd or subsequent offense is guilty of a Class B misdemeanor.
943.46(4)(c)
(c) Except as provided in
par. (d), any person who violates
sub. (2) (a) to
(g) for direct or indirect commercial advantage or private financial gain is guilty of a Class A misdemeanor.
943.46(4)(d)
(d) Any person who violates
sub. (2) (a) to
(g) for direct or indirect commercial advantage or private financial gain as a 2nd or subsequent offense is guilty of a Class I felony.
943.46(5)
(5) Exception. This section does not affect the use by a person of cable television services if the services have been paid for and the use is exclusive to the person's dwelling unit. This subsection does not prohibit a board or council of any city, village or town from specifying the number and manner of installation of outlets used by any such person for cable television services and does not prohibit a cable television company, in any written contract with a subscriber, from requiring the company's approval for any increase in the number of those outlets used.
943.47
943.47
Theft of satellite cable programming. 943.47(1)(a)
(a) "Encrypt", when used with respect to satellite cable programming, means to transmit that programming in a form whereby the aural or visual characteristics or both are altered to prevent the unauthorized reception of that programming by persons without authorized equipment which is designed to eliminate the effects of that alteration.
943.47(1)(b)
(b) "Satellite cable programming" means encrypted video programming which is transmitted via satellite for direct reception by satellite dish owners for a fee.
943.47(2)
(2) Prohibitions. No person may decode encrypted satellite cable programming without authority.
943.47(3)
(3) Criminal penalties. The following penalties apply for violations of this section:
943.47(3)(a)
(a) Except as provided in
pars. (b) to
(d), any person who intentionally violates
sub. (2) is subject to a Class C forfeiture.
943.47(3)(b)
(b) Except as provided in
pars. (c) and
(d), any person who violates
sub. (2) as a 2nd or subsequent offense is guilty of a Class B misdemeanor.
943.47(3)(c)
(c) Except as provided in
par. (d), any person who violates
sub. (2) for direct or indirect commercial advantage or private financial gain is guilty of a Class A misdemeanor.
943.47(3)(d)
(d) Any person who violates
sub. (2) for direct or indirect commercial advantage or private financial gain as a 2nd or subsequent offense is guilty of a Class I felony.
943.47(5)
(5) Exception. This section does not affect the use by a person of satellite cable programming if the programming has been paid for and the use is exclusive to the person's dwelling unit.
943.48
943.48
Telecommunications; civil liability. 943.48(1m)
(1m) Except as provided in
sub. (2), if the person who incurs the loss prevails, the court shall grant the prevailing party actual damages, costs and disbursements.
943.48(2)
(2) If the person who incurs the loss prevails against a person who committed the violation willfully and for the purpose of commercial advantage or prevails against a person who has committed more than one violation of
s. 943.45 (1),
943.455 (2),
943.46 (2) or
943.47 (2), the court shall grant the prevailing party all of the following:
943.48(2)(c)
(c) Any profits of the violator that are attributable to the violation and that are not taken into account in determining the amount of actual damages under
par. (b).
943.48(2)(d)
(d) Notwithstanding the limitations under
s. 799.25 or
814.04, costs, disbursements and reasonable attorney fees.
943.48(2g)
(2g) If the court finds that the violation was committed willfully and for the purpose of commercial advantage, the court may increase the amount granted under
sub. (2) (a) to an amount not to exceed $50,000.
943.48(2r)
(2r) If the court finds that the violator had no reason to believe that the violator's action constituted a violation of this section, the court may reduce the amount granted under
sub. (2) (a).
943.48(3)
(3) If damages under
sub. (2) (c) are requested, the party who incurred the injury shall have the burden of proving the violator's gross revenue and the violator shall have the burden of proving the violator's deductible expenses and the elements of profit attributable to factors other than the violation.
943.48(4)
(4) In addition to other remedies available under this section, the court may grant the injured party a temporary or permanent injunction.
943.48 History
History: 1993 a. 496.
943.49
943.49
Unlawful use of recording device in motion picture theater. 943.49(1)(a)
(a) "Motion picture theater" means a site used for the exhibition of a motion picture to the public.
943.49(1)(c)
(c) "Recording device" means a camera, an audio or video recorder or any other device that may be used to record or transfer sounds or images.
943.49(1)(d)
(d) "Theater owner" means an owner or operator of a motion picture theater.
943.49(2)
(2) Use of recording device in movie theater. 943.49(2)(a)(a) No person may operate a recording device in a motion picture theater without written consent from the theater owner or a person authorized by the theater owner to provide written consent.
943.49(2)(b)1.1. Except as provided in
subd. 2., a person who violates
par. (a) is guilty of a Class A misdemeanor.
943.49(2)(b)2.
2. A person who violates
par. (a) is guilty of a Class I felony if the violation occurs after the person has been convicted under this subsection.
943.49(4)
(4) Detention of person committing violation. A theater owner, a theater owner's adult employee or a theater owner's security agent who has reasonable cause to believe that a person has violated this section in his or her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a peace officer or to his or her parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he or she shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. The theater owner, the theater owner's adult employee or the theater owner's security agent may release the detained person before the arrival of a peace officer or parent or guardian. Any theater owner, theater owner's adult employee or theater owner's security agent who acts in good faith in any act authorized under this section is immune from civil or criminal liability for those acts.
943.49 History
History: 1999 a. 51;
2001 a. 109.
943.50(1)(a)
(a) "Merchant" includes any "merchant" as defined in
s. 402.104 (3) or any innkeeper, motelkeeper or hotelkeeper.
943.50(1)(ar)
(ar) "Theft detection device" means any tag or other device that is used to prevent or detect theft and that is attached to merchandise held for resale by a merchant or to property of a merchant.
943.50(1)(as)
(as) "Theft detection device remover" means any tool or device used, designed for use or primarily intended for use in removing a theft detection device from merchandise held for resale by a merchant or property of a merchant.
