Chapter 943

943.203(1) (1) In this section:

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)1. 1. A document containing identifying information.

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)1. 1. An entity’s name.

943.203(1)(c)2. 2. An entity’s address.

943.203(1)(c)3. 3. An entity’s telephone number.

943.203(1)(c)4. 4. An entity’s employer identification number.

943.203(1)(c)5. 5. The identifying number of an entity’s depository account, as defined in s. 815.18 (2) (e).

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.a. a. An entity’s code or account number.

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)6.c. c. Any other means of account access.

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.

943.203 Annotation Sub. (2) does not require an express verbal representation from the offerer that the document is authorized. By the act of presenting the documents, the defendant was implicitly saying they were real and the defendant had consent to use them. State v. Stewart, 2018 WI App 41, 383 Wis. 2d 546, 916 N.W.2d 188, 17-1587.

943.203 Annotation “Anything else of value or benefit” under sub. (2) (a) is not limited to commercial or financial benefits. State v. Stewart, 2018 WI App 41, 383 Wis. 2d 546, 916 N.W.2d 188, 17-1587.

943.204 943.204 Theft of mail.

943.204(1) (1) Definitions. In this section:

943.204(1)(a) (a) “Adult at risk” has the meaning given in s. 55.01 (1e).

943.204(1)(b) (b) “Course of conduct” has the meaning given in s. 947.013 (1) (a).

943.204(1)(c) (c) “Elder adult at risk” has the meaning given in s. 46.90 (1) (br).

943.204(1)(d) (d) “Mail” means a letter, flat, postcard, package, bag, or other sealed article that is delivered by the U.S. postal service, a common carrier, or a delivery service and is not yet received by the addressee or that has been left to be collected for delivery by the U.S. postal service, a common carrier, or a delivery service.

943.204(2) (2) Acts. Whoever intentionally takes or receives the mail of another from a residence or other building or the curtilage of a residence or other building without the other’s consent and with intent to deprive the other permanently of possession of such mail may be penalized as provided in sub. (3).

943.204(3) (3) Penalties. Whoever violates sub. (2) is guilty of the following:

943.204(3)(a) (a) If fewer than 10 pieces of mail are taken or received from one or more individuals in a course of conduct, a Class A misdemeanor.

943.204(3)(b) (b) If at least 10 but fewer than 30 pieces of mail are taken or received from one or more individuals in a course of conduct, a Class I felony.

943.204(3)(c) (c) If 30 or more pieces of mail are taken or received from one or more individuals in a course of conduct, a Class H felony.

943.204(3)(d) (d) If the mail that is taken or received is addressed to an adult at risk or an elder adult at risk, a Class H felony.

943.204 History History: 2019 a. 144.

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) (2) In this section:

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(2)(e) (e) “Trade secret” has the meaning specified in s. 134.90 (1) (c).

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 History History: 1977 c. 173; 1983 a. 189; 1985 a. 236; 1993 a. 213, 486; 1997 a. 254; 2001 a. 109.

943.205 Annotation An insurance agency’s customer list was not a trade secret. Corroon & Black-Rutters & Roberts, Inc. v. Hosch, 109 Wis. 2d 290, 325 N.W.2d 883 (1982).

943.205 Annotation Pricing policies, cost markups, and the amount of a company’s bid for a particular project were not trade secrets. Wisconsin Electric Power Co. v. PSC, 110 Wis. 2d 530, 329 N.W.2d 178 (1983).

943.205 Annotation 21st Century White Collar Crime: Intellectual Property Crimes in the Cyber World. Simon & Jones. Wis. Law. Oct. 2004.

943.206 943.206 Definitions. In this section and ss. 943.207 to 943.209:

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) (3m) 

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) (4) This section does not apply to:

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.

943.207 History History: 1975 c. 300; 1977 c. 173; 1999 a. 51; 2001 a. 109.

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.