943.46(2)(f)
(f) Possess without authority any device or printed circuit board designed to receive from a video service network any video programming or services offered for sale over that video service network, 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 video service provider'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 video programming or services offered for sale over a video service network from a video service network, 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 provider'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 video 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 video 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 video services and does not prohibit a c video service provider, in any written contract with a subscriber, from requiring the provider'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.
943.50(1)(at)
(at) "Theft detection shielding device" means any laminated or coated bag or device designed to shield merchandise held for resale by a merchant or property of a merchant from being detected by an electronic or magnetic theft alarm sensor.
943.50(1)(b)1.
1. For property of the merchant, the value of the property; or
943.50(1)(b)2.
2. For merchandise held for resale, the merchant's stated price of the merchandise or, in the event of altering, transferring or removing a price marking or causing a cash register or other sales device to reflect less than the merchant's stated price, the difference between the merchant's stated price of the merchandise and the altered price.
943.50(1m)
(1m) A person may be penalized as provided in
sub. (4) if he or she does any of the following without the merchant's consent and with intent to deprive the merchant permanently of possession or the full purchase price of the merchandise or property:
943.50(1m)(a)
(a) Intentionally alters indicia of price or value of merchandise held for resale by a merchant or property of a merchant.
943.50(1m)(b)
(b) Intentionally takes and carries away merchandise held for resale by a merchant or property of a merchant.
943.50(1m)(c)
(c) Intentionally transfers merchandise held for resale by a merchant or property of a merchant.
943.50(1m)(d)
(d) Intentionally conceals merchandise held for resale by a merchant or property of a merchant.
943.50(1m)(e)
(e) Intentionally retains possession of merchandise held for resale by a merchant or property of a merchant.
943.50(1m)(f)
(f) While anywhere in the merchant's store, intentionally removes a theft detection device from merchandise held for resale by a merchant or property of a merchant.
943.50(1m)(g)
(g) Uses, or possesses with intent to use, a theft detection shielding device to shield merchandise held for resale by a merchant or property of merchant from being detected by an electronic or magnetic theft alarm sensor.
943.50(1m)(h)
(h) Uses, or possesses with intent to use, a theft detection device remover to remove a theft detection device from merchandise held for resale by a merchant or property of a merchant.
943.50(3)
(3) A merchant, a merchant's adult employee or a merchant's security agent who has reasonable cause for believing 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 merchant, merchant's adult employee or merchant's security agent may release the detained person before the arrival of a peace officer or parent or guardian. Any merchant, merchant's adult employee or merchant'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.
943.50(3m)(a)(a) In any action or proceeding for violation of this section, duly identified and authenticated photographs of merchandise which was the subject of the violation may be used as evidence in lieu of producing the merchandise.
943.50(3m)(b)
(b) A merchant or merchant's adult employee is privileged to defend property as prescribed in
s. 939.49.
943.50(4)
(4) Whoever violates this section is guilty of:
943.50(4)(a)
(a) A Class A misdemeanor, if the value of the merchandise does not exceed $2,500.
943.50(4)(bf)
(bf) A Class I felony, if the value of the merchandise exceeds $2,500 but does not exceed $5,000.
943.50(4)(bm)
(bm) A Class H felony, if the value of the merchandise exceeds $5,000 but does not exceed $10,000.
943.50(4)(c)
(c) A Class G felony, if the value of the merchandise exceeds $10,000.
943.50(5)(a)(a) In addition to the other penalties provided for violation of this section, a judge may order a violator to pay restitution under
s. 973.20.
943.50(5)(b)
(b) In actions concerning violations of ordinances in conformity with this section, a judge may order a violator to make restitution under
s. 800.093.
943.50(5)(c)
(c) If the court orders restitution under
pars. (a) and
(b), any amount of restitution paid to the victim under one of those paragraphs reduces the amount the violator must pay in restitution to that victim under the other paragraph.
943.50 Annotation
A merchant acted reasonably in detaining an innocent shopper for 20 minutes and releasing her without summoning police. Johnson v. K-Mart Enterprises, Inc.
98 Wis. 2d 533,
297 N.W.2d 74 (Ct. App. 1980).
943.50 Annotation
Sub. (3) requires only that the merchant's employee have probable cause to believe that the person violated this section in the employee's presence; actual theft need not be committed in the employee's presence. State v. Lee,
157 Wis. 2d 126,
458 N.W.2d 562 (Ct. App. 1990).
943.50 Annotation
Reasonableness under sub. (3) requires: 1) reasonable cause to believe that the person violated this section; 2) that the manner of the detention and the actions taken in an attempt to detain must be reasonable; and 3) that the length of the detention and the actions taken in an attempt to detain must be reasonable. An attempt to detain may include pursuit, including reasonable pursuit off the merchant's premises. Peters v. Menard, Inc.
224 Wis. 2d 174,
589 N.W.2d 395 (1999),
97-1514.
943.50 Annotation
Shoplifting: protection for merchants in Wisconsin. 57 MLR 141.
943.51
943.51
Retail theft; civil liability. 943.51(1)
(1) Any person who incurs injury to his or her business or property as a result of a violation of
s. 943.50 may bring a civil action against any individual who caused the loss for all of the following:
943.51(1)(a)
(a) The retail value of the merchandise unless it is returned undamaged and unused. A person may recover under this paragraph only if he or she exercises due diligence in demanding the return of the merchandise immediately after he or she discovers the loss and the identity of the person who has the merchandise.
943.51(2)
(2) In addition to
sub. (1), if the person who incurs the loss prevails, the judgment in the action may grant any of the following:
