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.

943.208(2) (2) 

943.208(2)(a) (a) Whoever violates sub. (1) is guilty of a Class A misdemeanor if the person creates, advertises, offers for sale or rent, sells, rents, transports or possesses fewer than 1,000 recordings embodying sound or fewer than 100 audiovisual recordings in violation of sub. (1) during a 180-day period, and the value of the recordings does not exceed $2,500.

943.208(2)(b) (b) Whoever violates sub. (1) is guilty of a Class I felony if the person creates, advertises, offers for sale or rent, sells, rents, transports or possesses fewer than 1,000 recordings embodying sound or fewer than 100 audiovisual recordings in violation of sub. (1) during a 180-day period, and the value of the recordings exceeds $2,500.

943.208(2)(c) (c) Whoever violates sub. (1) is guilty of a Class H felony if the person creates, advertises, offers for sale or rent, sells, rents, transports or possesses at least 1,000 recordings embodying sound or at least 100 audiovisual recordings in violation of sub. (1) during a 180-day period or if the violation occurs after the person has been convicted under this section.

943.208(3) (3) Under this section, the number of recordings that a person rents shall be the sum of the number of times in which each individual recording is rented.

943.208 History History: 1999 a. 51; 2001 a. 109.

943.209 943.209 Failure to disclose manufacturer of recording.

943.209(1) (1) Whoever does any of the following for commercial advantage or private financial gain may be penalized as provided in sub. (2):

943.209(1)(a) (a) Knowingly advertises, offers for sale or rent, sells, rents or transports a recording that does not contain the name and address of the manufacturer in a prominent place on the cover, jacket or label of the recording.

943.209(1)(b) (b) Possesses with intent to advertise, offer for sale or rent, sell, rent or transport a recording that does not contain the name and address of the manufacturer in a prominent place on the cover, jacket or label of the recording.

943.209(2) (2) 

943.209(2)(a) (a) Whoever violates sub. (1) is guilty of a Class A misdemeanor if the person advertises, offers for sale or rent, sells, rents, transports or possesses fewer than 100 recordings in violation of sub. (1) during a 180-day period, and the value of the recordings does not exceed $2,500.

943.209(2)(b) (b) Whoever violates sub. (1) is guilty of a Class I felony if the person advertises, offers for sale or rent, sells, rents, transports or possesses fewer than 100 recordings in violation of sub. (1) during a 180-day period, and the value of the recordings exceeds $2,500.

943.209(2)(c) (c) Whoever violates sub. (1) is guilty of a Class H felony if the person advertises, offers for sale or rent, sells, rents, transports or possesses at least 100 recordings in violation of sub. (1) during a 180-day period or if the violation occurs after the person has been convicted under this section.

943.209(3) (3) Under this section, the number of recordings that a person rents shall be the sum of the number of times that each individual recording is rented.

943.209 History History: 1999 a. 51; 2001 a. 109.

943.21 943.21 Fraud on hotel or restaurant keeper, recreational attraction, taxicab operator, or gas station.

943.21(1c) (1c) In this section, “recreational attraction” means a public accommodation designed for amusement and includes chair lifts or ski resorts, water parks, theaters, entertainment venues, racetracks, swimming pools, trails, golf courses, carnivals, and amusement parks.

943.21(1m) (1m) Whoever does any of the following may be penalized as provided in sub. (3):