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.
943.70 Annotation
21st Century White Collar Crime: Intellectual Property Crimes in the Cyber World. Simon & Jones. Wis. Law. Oct. 2004.
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.
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.
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) (ag), poultry, and other animals used or to be used in the production of food, fiber, or other commercial products.
943.76(1)(c)
(c) "Reckless conduct" means conduct that 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.
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.
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:
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:
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;
2003 a. 321.
CRIMES AGAINST FINANCIAL INSTITUTIONS
943.80
943.80
Definitions. In this subchapter:
943.80(1)
(1) "Financial crime" means a crime under
ss. 943.81 to
943.90 or any other felony committed against a financial institution or an attempt or conspiracy to commit one of these crimes.
943.80(2)
(2) "Financial institution" means a bank, as defined in
s. 214.01 (1) (c), a savings bank, as defined in
s. 214.01 (1) (t), a savings and loan association, a trust company, a credit union, as defined in
s. 186.01 (2), a mortgage banker, as defined in
s. 224.71 (3) (a), or a mortgage broker, as defined in
s. 224.71 (4) (a), whether chartered under the laws of this state, another state or territory, or under the laws of the United States; a company that controls, is controlled by, or is under common control with a bank, a savings bank, a savings and loan association, a trust company, a credit union, a mortgage banker, or a mortgage broker; or a person licensed under
s. 138.09, other than a person who agrees for a fee to hold a check for a period of time before negotiating or presenting the check for payment and other than a pawnbroker, as defined in
s. 138.10 (1) (a).
943.80 History
History: 2005 a. 212.
943.81
943.81
Theft from a financial institution. Whoever knowingly uses, transfers, conceals, or takes possession of money, funds, credits, securities, assets, or property owned by or under the custody or control of a financial institution without authorization from the financial institution and with intent to convert it to his or her own use or to the use of any person other than the owner or financial institution may be penalized as provided in
s. 943.91.
943.81 History
History: 2005 a. 212.
943.82
943.82
Fraud against a financial institution. 943.82(1)
(1) Whoever obtains money, funds, credits, assets, securities, or other property owned by or under the custody or control of a financial institution by means of false pretenses, representations, or promises, or by use of any fraudulent device, scheme, artifice, or monetary instrument may be penalized as provided in
s. 943.91.
943.82(2)
(2) Whoever falsely represents that he or she is a financial institution or a representative of a financial institution for the purpose of obtaining money, goods, or services from any person or for the purpose of obtaining or recording a person's personal identifying information, as defined in
s. 943.201 (1) (b), is guilty of Class H felony.
943.82 History
History: 2005 a. 212.
943.83
943.83
Loan fraud. Whoever with intent to defraud a financial institution knowingly overvalues or makes a false statement concerning any land, security, or other property for the purpose of influencing the financial institution to take or defer any action in connection with a loan or loan application may be penalized as provided in
s. 943.91 according to the value of the loan.
943.83 History
History: 2005 a. 212.
943.84
943.84
Transfer of encumbered property. 943.84(1)
(1) Whoever, with intent to defraud, conveys real property which he or she knows is encumbered, without informing the grantee of the existence of the encumbrance may be penalized as provided in
s. 943.91.
943.84(2)
(2) Whoever, with intent to defraud, does any of the following may be penalized as provided in
s. 943.91:
943.84(2)(a)
(a) Conceals, removes or transfers any personal property in which he or she knows another has a security interest; or
943.84(2)(b)
(b) In violation of the security agreement, fails or refuses to pay over to the secured party the proceeds from the sale of property subject to a security interest.
943.84(3)
(3) It is prima facie evidence of an intent to defraud within the meaning of
sub. (2) (a) if a person, with knowledge that the security interest exists, removes or sells the property without either the consent of the secured party or authorization by the security agreement and fails within 72 hours after service of written demand for the return of the property either to return it or, in the event that return is not possible, to make full disclosure to the secured party of all the information the person has concerning its disposition, location and possession.
943.84(4)
(4) In this section "security interest" means an interest in property which secures payment or other performance of an obligation; "security agreement" means the agreement creating the security interest; "secured party" means the person designated in the security agreement as the person in whose favor there is a security interest or, in the case of an assignment of which the debtor has been notified, the assignee.
943.84(5)
(5) In prosecutions for violation of
sub. (2) arising out of transfers of livestock subject to a security agreement in violation of the terms of the security agreement, evidence that the debtor who transferred the livestock signed or endorsed any writing arising from the transaction, including a check or draft, which states that the transfer of the livestock is permitted by the secured party establishes a rebuttable presumption of intent to defraud.
943.84 History
History: 1977 c. 173;
1979 c. 144;
1993 a. 486;
2001 a. 109;
2005 a. 212 s.
7m; Stats. 2005 s. 943.84.
943.84 Annotation
It is not necessary that a security interest be perfected by filing to support a conviction under this section. State v. Tew,
54 Wis. 2d 361,
195 N.W.2d 615 (1972).
943.84 Annotation
"Removal" under sub. (2) (a) refers to a permanent change in situs, not necessarily across state lines. A showing of diligence by the secured party in seeking the secured property is not required. Jameson v. State,
74 Wis. 2d 176,
246 N.W.2d 501 (1976).
943.84 Annotation
Sub. (1) is not unconstitutionally vague. Liens were effective as encumbrances on the date work was performed or materials supplied. State v. Lunz,
86 Wis. 2d 695,
273 N.W.2d 767 (1979).
943.85
943.85
Bribery involving a financial institution. 943.85(1)(1) Whoever, with intent to defraud a financial institution, confers, offers, or agrees to confer a benefit on an employee, agent, or fiduciary of the financial institution without the consent of the financial institution and with intent to influence the employee's, agent's, or fiduciary's conduct in relation to the affairs of the institution is guilty of a Class H felony.
943.85(2)
(2) Any employee, agent, or fiduciary of a financial institution who without the consent of the financial institution and with intent to defraud the financial institution solicits, accepts, or agrees to accept any benefit from another person pursuant to an agreement that the employee, agent, or fiduciary will act in a certain manner in relation to the affairs of the financial institution is guilty of a Class H felony.
943.85 History
History: 2005 a. 212.
943.86
943.86
Extortion against a financial institution. Whoever for the purpose of obtaining money, funds, credits, securities, assets, or property owned by or under the custody or control of a financial institution threatens to cause bodily harm to an owner, employee, or agent of a financial institution or to cause damage to property owned by or under the custody or control of the financial institution is guilty of a Class H felony.
943.86 History
History: 2005 a. 212.
943.87
943.87
Robbery of a financial institution. Whoever by use of force or threat to use imminent force takes from an individual or in the presence of an individual money or property that is owned by or under the custody or control of a financial institution is guilty of Class C felony.
