943.51(3m)
(3m) Notwithstanding
sub. (2), the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $300 for each violation if the action is brought against a minor or against the parent who has custody of their minor child for the loss caused by the minor.
943.51(3r)
(3r) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under
ss. 800.093 and
973.20 or as recompense under
s. 969.13 (5) (a) for the same act.
943.51(4)
(4) The plaintiff has the burden of proving by a preponderance of the evidence that a violation occurred under
s. 943.50. A conviction under
s. 943.50 is not a condition precedent to bringing an action, obtaining a judgment or collecting that judgment under this section.
943.51(5)
(5) A person is not criminally liable under
s. 943.30 for any civil action brought in good faith under this section.
943.51(6)
(6) Nothing in this section precludes a plaintiff from bringing the action under
ch. 799 if the amount claimed is within the jurisdictional limits of
s. 799.01 (1) (d).
943.51 Annotation
Employee salary for time spent processing retail theft is compensable as "actual damages" under sub. (1) (b). Shopko Stores, Inc. v. Kujak,
147 Wis. 2d 589,
433 N.W.2d 618 (Ct. App. 1988).
943.55
943.55
Removal of shopping cart. Whoever intentionally removes a shopping cart or stroller from either the shopping area or a parking area adjacent to the shopping area to another place without authorization of the owner or person in charge and with the intent to deprive the owner permanently of possession of such property shall forfeit an amount not to exceed $500 for each shopping cart or stroller so removed.
943.55 History
History: 1977 c. 99;
2003 a. 159.
943.60
943.60
Criminal slander of title. 943.60(1)
(1) Any person who submits for filing, entering or recording any lien, claim of lien, lis pendens, writ of attachment, financing statement or any other instrument relating to a security interest in or title to real or personal property, and who knows or should have known that the contents or any part of the contents of the instrument are false, a sham or frivolous, is guilty of a Class H felony.
943.60(2)
(2) This section applies to any person who causes another person to act in the manner specified in
sub. (1).
943.60(3)
(3) This section does not apply to a register of deeds or other government employee who acts in the course of his or her official duties and files, enters or records any instrument relating to title on behalf of another person.
943.60 AnnotationWhether a document is frivolous was for the jury to answer. State v. Leist,
141 Wis. 2d 34,
414 N.W.2d 45 (Ct. App. 1987).
943.61
943.61
Theft of library material. 943.61(1)(a)
(a) "Archives" means a place in which public or institutional records are systematically preserved.
943.61(1)(b)
(b) "Library" means any public library; library of an educational, historical or eleemosynary institution, organization or society; archives; or museum.
943.61(1)(c)
(c) "Library material" includes any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual materials in any format, magnetic or other tapes, electronic data processing records, artifacts or other documentary, written or printed materials, regardless of physical form or characteristics, belonging to, on loan to or otherwise in the custody of a library.
943.61(2)
(2) Whoever intentionally takes and carries away, transfers, conceals or retains possession of any library material without the consent of a library official, agent or employee and with intent to deprive the library of possession of the material may be penalized as provided in
sub. (5).
943.61(3)
(3) The concealment of library material beyond the last station for borrowing library material in a library is evidence of intent to deprive the library of possession of the material. The discovery of library material which has not been borrowed in accordance with the library's procedures or taken with consent of a library official, agent or employee and which is concealed upon the person or among the belongings of the person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing the material.
943.61(4)
(4) An official or adult employee or agent of a library who has probable 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 the person's parent or guardian in the case of a minor. The detained person shall be promptly informed of the purpose for the detention and be permitted to make phone calls, but 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. Compliance with this subsection entitles the official, agent or employee effecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty.
943.61(5)
(5) Whoever violates this section is guilty of:
943.61(5)(a)
(a) A Class A misdemeanor, if the value of the library materials does not exceed $2,500.
943.61(5)(c)
(c) A Class H felony, if the value of the library materials exceeds $2,500.
943.61 History
History: 1979 c. 245; Stats. 1979 s. 943.60;
1979 c. 355 s.
232; Stats. 1979 s. 943.61;
1991 a. 39;
2001 a. 16,
109.
943.62
943.62
Unlawful receipt of payments to obtain loan for another. 943.62(1)(1) In this section, "escrow agent" means a state or federally chartered bank, savings bank, savings and loan association or credit union located in this state.
943.62(2)
(2) Except as provided in
sub. (2m), no person may receive a payment from a customer as an advance fee, salary, deposit or money for the purpose of obtaining a loan or a lease of personal property for the customer unless the payment is immediately placed in escrow subject to the condition that the escrow agent shall deliver the payment to the person only upon satisfactory proof of the closing of the loan or execution of the lease within a period of time agreed upon in writing between the person and the customer; otherwise the payment shall be returned to the customer immediately upon expiration of the time period.
943.62(2m)
(2m) This section does not apply to a savings and loan association, credit union, bank, savings bank, or a mortgage banker, mortgage loan originator, or mortgage broker licensed under
s. 224.72 or
224.725.
943.62(3)(a)(a) Advance payments to cover reasonably estimated costs are excluded from the requirements of
sub. (2) if the customer first signs a written agreement which recites in capital and lowercase letters of not less than 12-point boldface type all of the following:
943.62(3)(a)3.
3. Money advanced for incurred costs will not be refunded.
943.62(3)(b)
(b) If a cost under
par. (a) is not incurred, the person shall refund that amount to the customer.
943.62(4)
(4) Whoever violates this section is guilty of:
943.62(4)(a)
(a) A Class A misdemeanor, if the value of the advance payment or required refund, as applicable, does not exceed $2,500.
943.62(4)(c)
(c) A Class F felony, if the value of the advance payment or required refund, as applicable, exceeds $2,500.
943.70
943.70
Computer crimes. 943.70(1)(ag)
(ag) "Access" means to instruct, communicate with, interact with, intercept, store data in, retrieve data from, or otherwise use the resources of.
943.70(1)(am)
(am) "Computer" means an electronic device that performs logical, arithmetic and memory functions by manipulating electronic or magnetic impulses, and includes all input, output, processing, storage, computer software and communication facilities that are connected or related to a computer in a computer system or computer network.
943.70(1)(b)
(b) "Computer network" means the interconnection of communication lines with a computer through remote terminals or a complex consisting of 2 or more interconnected computers.
943.70(1)(c)
(c) "Computer program" means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data.
943.70(1)(d)
(d) "Computer software" means a set of computer programs, procedures or associated documentation used in the operation of a computer system.
943.70(1)(dm)
(dm) "Computer supplies" means punchcards, paper tape, magnetic tape, disk packs, diskettes and computer output, including paper and microform.
943.70(1)(e)
(e) "Computer system" means a set of related computer equipment, hardware or software.
943.70(1)(f)
(f) "Data" means a representation of information, knowledge, facts, concepts or instructions that has been prepared or is being prepared in a formalized manner and has been processed, is being processed or is intended to be processed in a computer system or computer network. Data may be in any form including computer printouts, magnetic storage media, punched cards and as stored in the memory of the computer. Data are property.
943.70(1)(g)
(g) "Financial instrument" includes any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or credit card, transaction authorization mechanism, marketable security and any computer representation of them.
943.70(1)(gm)
(gm) "Interruption in service" means inability to access a computer, computer program, computer system, or computer network, or an inability to complete a transaction involving a computer.
943.70(1)(h)
(h) "Property" means anything of value, including but not limited to financial instruments, information, electronically produced data, computer software and computer programs.
943.70(1)(i)
(i) "Supporting documentation" means all documentation used in the computer system in the construction, clarification, implementation, use or modification of the software or data.
943.70(2)
(2) Offenses against computer data and programs. 943.70(2)(a)(a) Whoever willfully, knowingly and without authorization does any of the following may be penalized as provided in
pars. (b) and
(c):
943.70(2)(a)1.
1. Modifies data, computer programs or supporting documentation.
943.70(2)(a)2.
2. Destroys data, computer programs or supporting documentation.
943.70(2)(a)3.
3. Accesses computer programs or supporting documentation.
943.70(2)(a)4.
4. Takes possession of data, computer programs or supporting documentation.
943.70(2)(a)5.
5. Copies data, computer programs or supporting documentation.
943.70(2)(a)6.
6. Discloses restricted access codes or other restricted access information to unauthorized persons.
943.70(2)(am)
(am) Whoever intentionally causes an interruption in service by submitting a message, or multiple messages, to a computer, computer program, computer system, or computer network that exceeds the processing capacity of the computer, computer program, computer system, or computer network may be penalized as provided in
pars. (b) and
(c).
943.70(2)(b)2.
2. A Class I felony if the offense is committed to defraud or to obtain property.
943.70(2)(b)3g.
3g. A Class F felony if the offense results in damage valued at more than $2,500.
943.70(2)(b)3r.
3r. A Class F felony if the offense causes an interruption or impairment of governmental operations or public communication, of transportation, or of a supply of water, gas, or other public service.
943.70(2)(b)4.
4. A Class F felony if the offense creates a substantial and unreasonable risk of death or great bodily harm to another.
943.70(2)(c)
(c) If a person disguises the identity or location of the computer at which he or she is working while committing an offense under
par. (a) or
(am) with the intent to make it less likely that he or she will be identified with the crime, the penalties under
par. (b) may be increased as follows:
943.70(2)(c)1.
1. In the case of a misdemeanor, the maximum fine prescribed by law for the crime may be increased by not more than $1,000 and the maximum term of imprisonment prescribed by law for the crime may be increased so that the revised maximum term of imprisonment is one year in the county jail.
943.70(2)(c)2.
2. In the case of a felony, the maximum fine prescribed by law for the crime may be increased by not more than $2,500 and the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 2 years.
943.70(3)
(3) Offenses against computers, computer equipment or supplies. 943.70(3)(a)(a) Whoever willfully, knowingly and without authorization does any of the following may be penalized as provided in
par. (b):
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.
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.
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.
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
"Access codes or other restricted access information" in sub. (2) (a) 6. refers to codes, passwords, or other information that permits access to a computer system or to programs or data within a system; the phrase does not refer to the system, program, or data accessed. The statute was not meant to criminalize the disclosure of all types of information that could be stored on a computer, when that information was obtained with authorization in the first instance. Burbank Grease Services v. Sokolowski,
2006 WI 103,
294 Wis. 2d 274,
717 N.W.2d 781,
04-0468.
943.70 Annotation
Criminal liability for computer offenses and the new Wisconsin computer crimes act. Levy. WBB March 1983.
