State may not charge defendant under (1) (a) in the disjunctive by alleging that defendant took and carried away or used or transferred, etc. Jackson v. State, 92 W (2d) 1, 284 NW (2d) 685 (Ct. App. 1979).
Circumstantial evidence of owner nonconsent was sufficient to support jury's verdict. State v. Lund, 99 W (2d) 152, 298 NW (2d) 533 (1980).
See note to Art. I, sec. 16, citing State v. Roth, 115 W (2d) 163, 339 NW (2d) 807 (Ct. App. 1983).
See note to Art. I, sec. 8, citing State v. Tappa, 127 W (2d) 155, 378 NW (2d) 883 (1985).
Violation of (1) (d) doesn't require proof that accused personally received property. State v. O'Neil, 141 W (2d) 535, 416 NW (2d) 77 (Ct. App. 1987).
"Obtains title to property", as used in (1) (d), includes obtaining property under a lease by fraudulent misrepresentation. State v. Meado, 163 W (2d) 789, 472 NW (2d) 567 (Ct. App. 1991).
The federal tax on a fraudulently obtained airline ticket was properly included in its value for determining whether the offense was a felony under sub. (3). State v. McNearney, 175 W (2d) 485, NW (2d) (Ct. App. 1993).
The definition of "bailee" under s. 407.102 (1) is not applicable to sub. (1) (b); definitions of "bailment" and "bailee" discussed. State v. Kuhn, 178 W (2d) 428, 504 NW (2d) 405 (Ct. App. 1993).
Where the factual basis for a plea to felony theft does not establish the value of the property taken, the conviction must be set aside and replaced with a misdemeanor conviction. State v. Harrington, 181 W (2d) 985, 512 NW (2d) 261 (Ct. App. 1994).
The words "uses", "transfers", "conceals" and "retains possession" in sub. (1) (b) are not synonyms describing the crime of theft but describe separate offenses. A jury must be instructed that there must be unanimous agreement on the manner in which the statute was violated. State v. Seymour, 183 W (2d) 682, 515 NW (2d) 874 (1994).
A landlord who failed to return or account for a security deposit ordinarily could not be prosecuted under this section. 60 Atty. Gen. 1.
State court rulings that unauthorized control was sufficient to support conviction under (1) (d) was not unlawful broadening of offense so as to deprive defendant of notice and opportunity to defend. Hawkins v. Mathews, 495 F Supp. 323 (1980).
Theft of trade secrets. 943.205(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)
Takes, uses, transfers, conceals, exhibits or retains possession of property of the owner representing a trade secret.
Makes or causes to be made a copy of property of the owner representing a trade secret.
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.
"Copy" means any facsimile, replica, photograph or other reproduction of any property and any notation, drawing or sketch made of or from any property.
"Owner" includes a coowner 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.
"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.
"Representing" means disclosing, embodying, describing, depicting, containing, constituting, reflecting or recording.
Anyone who violates this section is guilty of a Class E felony.
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.
This section does not prevent any one from using skills and knowledge of a general nature gained while employed by the owner of a trade secret.
Insurance agency's customer list was not trade secret. Corroon & Black v. Hosch, 109 W (2d) 290, 325 NW (2d) 883 (1982).
Pricing policies, cost markups or amount of company's bid for particular project are not trade secrets. Wis. Elec. Power Co. v. Public Service Comm. 110 W (2d) 530, 329 NW (2d) 178 (1983).
Transfer of recorded sounds for unlawful use; sale. 943.207(1)(1)
Whoever does any of the following may be penalized as provided in sub. (3)
Knowingly and wilfully transfers or causes to be transferred, without the consent of the owner, any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded, with intent to sell or cause to be sold, the article onto which such sounds are transferred.
Advertises, offers for sale or sells any article onto which sounds have been transferred as described in par. (a)
, with the knowledge that the sounds thereon have been so transferred without the consent of the owner.
In this section "owner" means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film or other device used for reproducing recorded sounds on phonograph records, discs, tapes, films or other articles on which sound is recorded, and from which the transferred recorded sounds are directly or indirectly derived.
Any person violating sub. (1) (a)
is guilty of a Class B misdemeanor for the first offense, and for any subsequent offense is guilty of a Class A misdemeanor.
Each unlawful transfer under sub. (1) (a)
and each unlawful advertisement, offer or sale under sub. (1) (b)
constitutes a separate offense.
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.
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.
History: 1975 c. 300
; 1977 c. 173
Fraud on hotel or restaurant keeper or taxicab operator. 943.21(1)(1)
Whoever does any of the following may be penalized as provided in sub. (3)
Having obtained any beverage, food, lodging or other service or accommodation at any campground, hotel, motel, boarding or lodging house, or restaurant, intentionally absconds without paying for it.
While a guest at any campground, hotel, motel, boarding or lodging house, or restaurant, intentionally defrauds the keeper thereof in any transaction arising out of the relationship as guest.
Having obtained any transportation service from a taxicab operator, intentionally absconds without paying for the service.
Under this section, prima facie evidence of an intent to defraud is shown by:
The refusal of payment upon presentation when due, and the return unpaid of any bank check or order for the payment of money, given by any guest to any campground, hotel, motel, boarding or lodging house, or restaurant, in payment of any obligation arising out of the relationship as guest. Those facts also constitute prima facie evidence of an intent to abscond without payment.
The failure or refusal of any guest at a campground, hotel, motel, boarding or lodging house, or restaurant, to pay, upon written demand, the established charge for any beverage, food, lodging or other service or accommodation actually rendered.
The giving of false information on a lodging registration form or the giving of false information or presenting of false or fictitious credentials for the purpose of obtaining any beverage or food, lodging or credit.
The drawing, endorsing, issuing or delivering to any campground, hotel, motel, boarding or lodging house, or restaurant, of any check, draft or order for payment of money upon any bank or other depository, in payment of established charges for any beverage, food, lodging or other service or accommodation, knowing at the time that there is not sufficient credit with the drawee bank or other depository for payment in full of the instrument drawn.
The refusal to pay a taxicab operator the established charge for transportation service provided by the operator constitutes prima facie evidence of an intent to abscond without payment.
Is guilty of a Class A misdemeanor when the value of any beverage, food, lodging, accommodation, transportation or other service is $1,000 or less.
Is guilty of a Class E felony when the value of any beverage, food, lodging, accommodation, transportation or other service exceeds $1,000.
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
. A victim may not be compensated under this section and s. 943.212
This subsection is applicable in actions concerning violations of ordinances in conformity with this section.
A judgment may not be entered for a violation of this section or for a violation of an ordinance adopted in conformity with this section, regarding conduct that was the subject of a judgment including exemplary damages under s. 943.212
Fraud on hotel or restaurant keeper or taxicab operator; civil liability. 943.212(1)
Any person who incurs injury to his or her business or property as a result of a violation of s. 943.21
may bring a civil action against any adult or emancipated minor who caused the loss for all of the following:
The retail value of the beverage, food, lodging, accommodation, transportation or service involved in the violation. A person may recover under this paragraph only if he or she exercises due diligence in demanding payment for the beverage, food, lodging, accommodation, transportation or service.
In addition to sub. (1)
, if the person who incurs the injury prevails, the judgment in the action may grant any of the following:
Exemplary damages of not more than 3 times the amount under sub. (1) (a)
. No additional proof is required for an award of exemplary damages under this paragraph. Exemplary damages may not be granted for conduct that was the subject of a judgment for violation of s. 943.21
or an ordinance adopted in conformity with that section.
Notwithstanding the limitations of s. 814.04
, reasonable attorney fees for actions commenced under ch. 801
Notwithstanding sub. (2)
, the total amount awarded for exemplary damages and attorney fees may not exceed $300.
At least 20 days prior to commencing an action, as specified in s. 801.02
, under this section, the plaintiff shall notify the defendant, by mail, of his or her intent to bring the action and of the acts constituting the basis for the violation of s. 943.21
. The plaintiff shall send the notice by regular mail supported by an affidavit of service of mailing or by a certificate of mailing obtained from the U.S. post office from which the mailing was made. The plaintiff shall mail the notice to the defendant's last-known address or to the address provided on the check or order. If the defendant pays the amount due for the beverage, food, lodging, accommodation, transportation or service prior to the commencement of the action, he or she is not liable under this section.
The plaintiff has the burden of proving by a preponderance of the evidence that a violation occurred under s. 943.21
. A conviction under s. 943.21
is not a condition precedent to bringing an action, obtaining a judgment or collecting that judgment under this section.
A person is not criminally liable under s. 943.30
for any civil action brought in good faith under this section.
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)
History: 1991 a. 65
; 1995 a. 160
Absconding without paying rent. 943.215(1)
Whoever having obtained the tenancy, as defined in s. 704.01 (4)
, of residential property he or she is entitled to occupy, intentionally absconds without paying all current and past rent due is guilty of a Class A misdemeanor.
A person has a defense to prosecution under sub. (1)
if he or she has provided the landlord with a security deposit that equals or exceeds the amount that the person owes the landlord regarding rent and damage to property.
A person has a defense to prosecution under sub. (1)
if, within 5 days after the day he or she vacates the rental premises, he or she pays all current and past rent due or provides to the landlord, in writing, a complete and accurate forwarding address.
When the existence of a defense under sub. (2)
has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the defense do not exist in order to sustain a finding of guilt under sub. (1)
(5) Subsection (1)
does not apply to any tenant against whom a civil judgment has been entered for punitive damages because the tenant left the premises with unpaid rent.
History: 1989 a. 336
Use of cheating tokens.
Whoever obtains the property or services of another by depositing anything which he or she knows is not lawful money or an authorized token in any receptacle used for the deposit of coins or tokens is subject to a Class C forfeiture.
History: 1977 c. 173
Refusal to pay for a motor bus ride. 943.225(2)
Whoever intentionally enters a motor bus that transports persons for hire and refuses to pay, without delay, upon demand of the operator or other person in charge of the motor bus, the prescribed transportation fare is subject to a Class E forfeiture.
History: 1987 a. 171