Docstoc

943

Document Sample
943 Powered By Docstoc
					                        Electronically scanned images of the published statutes.

 943 . 01 CRIMES - PROPERTY                                                                                             4176




                                                    CHAPTER 943

                                             CRIMES AGAINST PROPERTY
                             DAMAGE. .                         943 ,24 Issue of wor thless check.
 94301        Criminal damage to property. .                   94325         Transfer of encumbered property .
 94302        Arson of buildings; damage of property by      . 94 .3.26 Removing or damaging encumbered real
                explosives. .                                                 property,
 943 .03      Arson of proper ty other than building .         94327        Possession of records of certain usurious loans .
 943 . 04   Arson with intent to defraud                       943 28       Loan sharking prohibited.
 94305        Placing of combustible mate rials an attempt     94330        Threats to injure or accuse of c r ime
 94306        Molotov cocktails, .                             94331        Threats to communicate derogatory
                            TRESPASS                                          information . .
 943 . 10 Burglary .                                           943 32       Robbery.
 943 11     Entry into locked vehicle ,                        943 . . 34 . Receiving stolen property .
 943 12     Possession of burglat ious tools .                 94335        Receiving property from children
 943 . : 13 C r iminal trespass to land , .                                                                      n
                                                               943 37 Alteration of property identification marks,
 943 14       Criminal trespass to dwellings .               94338          Forgery . .
                       MISAPPROPRIATION                      94339          Fraudulent writings.
 943.20       Theft .                                        943395 F raudulent insurance and employe benefit
 943203 Dognapping and catnapping . .                                         program claims .
 943205 Theft of trade secrets .                             94340          Fraudulent destruction of certain w r itings ,
 94321 Fraud on hotel or restaurant keeper .                 94341          Fraudulent use of credit cards . .
 94322      Use of cheating tokens ..                        943 . 45 Obtaining telecommunications service by fraud .
 943 . 23 Operating vehicle without owner's consent,         943 50 Shoplifting .



                          D AMAGE . :               (4) Where more than one item of property is
                                                      damaged pursuant to a single intent and de-
 943 . 01 Cri mina l d a mage to proper ty . (1) sign, the damage to all the property may be
 Whoever intentionally causes damage to any prosecuted as a single crimee
 physical property of another without his con- (5) In any case of criminal damage involving
 sent may be fined not more than $200 or im- more than one act of criminal damage but
 prisoned not more than 6 months or bothh prosecuted as a single crime,, it is sufficient to
    (2) Any person violating sub . . (1) may be allege generally criminal damage to property
 fined not more than $1,000 or imprisoned not committed between certain dates .. On the trial,
 more than 3 years or both under the following evidence may be given of any such criminal
 circumstances : damage committed on or between the dates al-
   (a) The property damaged is a vehicle or leged .
 highway as defined in s . 94103 (2) and the
 damage is of a kind which is likely to cause 943 .02 Arson of bu i ldin gs ; damage of
 injury to a person or further property damage ; property by explosives. (1) Whoever does any
 or of the following may be imprisoned not more
   (b) The property damaged belongs to a pub- than 15 years :
lic utility or common carrier and the damage is (a) By means of fire, intentionally damages
of a kind which is likely to impair the services any building of another without his consent ; or
of the public utilityy or common carrier ; or (b) By means of fire,, intentionally damages
   (c) The property damaged belongs to a per- any building with intent to defraud an insurer
son who is or was a witness as defined in s .s of that building; or
94 .3 . .30 (3) (b) or a grand or petit juror and the (c) By means of explosives, intentionally
damagee was caused by reason of the owner's damages any property of another without his
having attended or testified as a witness or by consent.,
reason of any verdict or indictment assented to (2) In this section "building of another"
by him .m means a building in which a person other than
   (3) If the total property damaged in viola- the actor has a legal or equitable interest which
tion of this section is reduced in valuee by more the actor has no right to defeat or impair, even
than $1,000, thee person may be fined not more thoughh the actor may also have a legal or equi••
than $1 ;000 or imprisoned not more than . 5 table interest in the building . Proof' that the ac-
years or both .. For the purposes of this subsec- for recovered or attemptedd to recover on a pol-
tion, property is reduced in value by the icy of insurance by reason of the fire is rele-
amount which it would costt either to repair or want but not essential to establish his intent to
replace it, whichever is less ., defraud the insurer :
                   Electronically scanned images of the published statutes.
4177                                                                         CRIMES-PROPERTY 943 .12


943 . 03 . Arson of , property other than                (e) ,A room within any of the above.
buildin g . Whoever, by means of f re, intention-        (2) Whoever violates sub . (1) under any of
ally damages any property (other than a build-         the following circumstances may be impris-
                                                         e
ing) of another without his consent, may, if the       oned not more than 20 years :
                                                               t
property is of the value of $100 or more, be             (a) While armed with a dangerous weapon;
fined not mote than $1,000 or imprisoned not           OT

more than 3 years or both ..                             (b) While unarmed, but arms himself with a
                                                       dangerous weapon while still in the burglarized
943 .04 Arson with intent to defra ud .                enclosure; or
Whoever, by means of fire,, damages any prop-            (c) While in the burglarized "enclosure opens,
erty (other than a building) with intent to de-        or attempts to open, any depository by use of
fraud an insurer of that property may be fined         an explosive; or
not more than $1,000 or imprisoned not more              (d) While in the burglarized enclosure com-
than 5 years or both . . ProofThat the actor recov-    mits a battery upon a person lawfully therein . .
ered or attempted to recover on a policy of in-          (3) For the purpose of thi s section, entr y
surance by reason of'the fire is relevant but not      into a place during the time when it is open to
essential to establish his intent to defraud the       the general public is with consent . .
                                                          Items stolen may be introduced in evidence in a prose-
insurer .'                                             cution for burglary since they tend to prove that entry was
                                                                            y
                                                       made with intent to steal . Abraham v State, 47 W (2d)
943 .05 Pl acin g of combu stible m a teri al s        44, 176 NW (2d) 349 ,
                                                          Since attempted robbery requires proof ' of elements in
an attempt . Whoever places any combustible            addition to those elements required to prove burglary,
or explosive material or device : in or near any       they are separate and distinct c r imes ; hence defendants'
                                                       conviction and sentence for both criminal offenses arising
property with intent to set fire to or blow up         out of the same factual transaction could not be success-
such property is guilty of an attempt to violate       fully assailed . State v ,. DiMaggio, 49 W (2d) - 565, 182 NW
                                                       (2d) 466..
either s, 943 . .01, 943 ..02, 943,03 or 943,04, de-      The state need not prove that the defendant knew his
pending on the facts of the particular case ..         entry was without consent . Hanson v.. State, 52 W (2d)
                                                       396, 190 NW (2d) 129 :
                                                         The unexplained possession of recently stolen goods
943 . 06 Molotov cock ta ils . (1) As used in          raises an inference that the possessor is guilty of theft and
this section, "fire bomb" means a breakable            also of bu rglary if the goods were stolen in a burglary and
                                                       calls for an explanation of how the possessor obtained the
container containing a flammable liquid with a         property . Gautreaux v . State, 52 W (2d) 489, - 190 NW
flash, point of .150 degrees Fahrenheit or less,       (2d) 542 .
having a-wick . or, similar device capable of being      While the supreme court has recently held in several
                                                       cases that intent to steal, one of the 3 essential elements in
ignited, but does not mean a device commer-            the crime of burglary, can be inferred when an unlawful
cially manufactured primarilyy for the purpose         entry is combined with other incriminating circumstances
                                                       (vide Strait v. State, 41 W ,(2d) 552),, it has retained the
                                                                   t
of illumination,                                       rule that intent to steal will not be inferred from breaking
                                                       and entering alone . State v Hall, 53 W (2d) 719, 193 NW
   (2) Whoever possesses, manufactures, sells,         (2d) 653 :
offers for sale, gives or, transfers a fire bomb         An information is defective if it charges entry into a
may be fined not more than $500 or impris-             building with intent to steal or commit a felony, since
                                                       these are different offenses .. Champlain v .. State, 53 W (2d)
oned not more than 6 monthss or both .                 751, 193 NW (2d) 868 . .
   (3) This section shall not prohibit the au-
thorized use or possession of any such device          943 .11 Entry into locked vehicle . Whoev -
                                                       er intentionally enters the locked and enclosed
by a member ofthe armed forces or by firemen
                                                       portion or compartment of the vehicle of anoth-
or law enforcement officers.                           er without consent and with intent to steal
                  TRESPASS ..                          therefrom may be fined not more than $1,000
                                                       or imprisoned not more than one year in county
943 . 10 Burglary. (1) Whoever intentionally           jail or both..
enters any of the following places without the
consent of the person in lawful possessionn and        943 .12 Possession of burglarious tools .
with intent to steal or commit a felony therein        Whoever has in - his possession any device or
may be imprisoned not more than 10 years :             instrumentality designed and adapted for use in
                                                       breaking into any depository designed for the
   (a) Any building or dwelling ; or
                                                       safekeeping of any valuables or into any build-
   (b) An enclosed railroad car ; or                   ing or room, with intent to use such device or
   (c) An enclosed portion of any ship or ves-         instrumentality to break into a depository,
sel ; : or                                             building or room, and to steal therefrom, may
   (d) A locked enclosed cargo portion of a            be fined not more than $1,000 or imprisoned
                                                                                      0
truck or trai ler ; or                                 not more than 10 years or both .
                       Electronically scanned images of the published statutes.
 943 . 13 CRIMES-PROPERTY                                                                              4178

  943 . 13 Criminal tresp a ss to land . (1)             943 . 14 Crim i nal trespass to dwellings.
  Whoever does any of'the following may be finedd        Whoever intentionally enters the dwelling of
  not more than $50 and in default of payment            another without the consent of some per-son
  thereof shall be imprisoned not more than 30           lawfully upon the premises, under circum-
  days :                                                 stances tending to create or provoke a breach of'
     (a) Enters any enclosed or cultivated land of       the peace, may be fined not more than $200 or
  another with intent to catch or kill and birds,        imprisoned not more than 6 months or both .
 animals, or fi sh on such land or gather any
                                                                    MISAPPROPRIATION..
  products of the soil without the express or im-
  plied consent of the owner or occupant to en-           943 .20 Theft . (1) Ac' rs. Whoever does any
 gage in any of those activities ; or                     of the following may be penalized as provided
    (b) Enters or remains on any land of another          in sub, (3) :
 after having been notified by the owner or oc-              (a) Intentionally takes and carries away,
 cupant not to enter or remain on said prem-              uses, transfers, conceals, or retains possession
 ises; or                                                 of movable property of another without his
    (c) H unts, shoots, fishes or, gathers any           consent and with intent to deprive the owner
 product of the soil on the premises of another',        permanently of possession of such property .
 or enters said premises with intent to do any of            (b) By virtue of his office, business or em-
 the foregoing after having been notified by the
                                                         ployment, or as trustee or bailee, having pos ••
 owner or occupant not to do so .                        session or custody of money or of ' a negotiable
    (2) A person has receivedd noticee from the          security, instrument, paper or other negotiable
 owner or occupant within thee meaning of this           writing of another, intentionally uses, transfers,
 section if he has been notified personally, ei-         conceals, or retains possession of such money,
 ther, orally or in writing, or if" the land is post-    security, instrument, paper' or writing without
 ed . For land to be posted, a sign at least 11          the owner's consent, contrary to his authority,
 inches square must be placed in at least 2 con-
                                                         and with intent to convert to his own use or to
 spicuous places for every 40 acres to be pro-           the use of any other person except the owner '. .
 tected, The sign must carry an appropriate no-
                                                         A refusal to deliver any money or a negotiable
 tice and the name of the person givingg the no-
                                                         security, instrument, paper or other , negotiable
tice followed by the word "owner" if' the
                                                         writing, which is in his possession or custody
person giving the notice is the holder of legal
                                                         by virtue of his office, business or employment,
title to the land and by the word "occupant" if
                                                         or as trustee or bailee, upon demand of' the
the person giving the notice is not the holder
                                                         person entitled to receive ' it, or as required by
of legal- title but is a lawful occupant of the
                                                         law, is prima facie evidence of an intent to
land ., Proof' that appropriate signs as herein
                                                         convert to his own use within the meaning of
provided were erected or in existence upon the
                                                         this paragraph ..
premises to be protected within 6 months prior
to the event complained of shall be prima facie             (c) Having a legal interest in movable prop -
proof that the premises to be protected were            erty, intentionally and without consent, takes
posted as herein provided . .                           such property out of the possession of a pledg-
   (3) Whoever erects on the land of another            ee or other person having a superior right of  t
signs which are the same as or similar too those        possession, with intent thereby to deprive the
described in sub . (2) without obtaining the ex-        pledgee or other person permanently of the
press consent of the :lawful occupant of or             possession of such pr operty
holder of legall title to such land may be fined            (d) Obtains title to property of another by
not more than $100,                                     intentionally deceiving him with a false repre-
    (4) Nothing in this section shall prohibit a        sentation which is known to be false, made
representative of a labor union from conferring         with intent to defraud, and which does defraud
with any employe provided such conference is            the person to whom it is made . "False repre-
                                                                                                   e
conducted, in the living quarters of the ' em-          sentation" includes a p r omise made with intent
ploye and with the consent of the employe oc-           not to perform it if ' it is a part of a false and
c u pants .                                             fraudulent scheme .
   (5) Any authorized occupant of employer-                                                     y
                                                           (e) Intentionally fails to return any personal
provided housing shall have the right to decide         property ' which is in his possession or under
who may enter; confer and visit with him in             his control by virtue of a written lease or writ-
the housing area he occupies                            ten rental agreement, within 10 days after the
  Hi sto r y: 1971 c`317 .                              lease or rental agreement has expired
                   Electronically scanned images of the published statutes.

4179                                                                           CRIMES-PROPERTY 943 . 205

                                                           or subcontractor as theft, see 289 02 (5).
   (2) DUINITIONS, In this section :                                                      y
                                                              If one person takes property from the person of another
                            s
   (a) "Property" means all forms of tangible              and a 2nd person carries it away, the evidence may show
 property, whether real or personal, without               a theft from the person under (1) (a) and (3) (d) 2, either
                                                           on a theory of conspiracy or of complicity . Hawpetoss v . .
 limitation including electricity, gas and docu-           State, 52 W (2d) 71, 187 NW (2d) . 823 .
 ments which represent or embody a chose in                   The c r ime of theft is not included in the crime of` rob-
 action or other intangible rights . .                     bery, Champlain v . State, 53 W (2d) 751, 193 . NW (2d)
                                                           868 .
   (b) "Movable property" is property whose
 physical location can be changed, without limi-           943 .203 Dognapping - and catnapping . (1)
tation includ ing electricity and gas, documents           Whoever does any of the following may be pe-
 which represent or embody intangible rights,              nalized under sub . (2) :
 and things growing on, affixed to or found in
                                                              (a) Takes the dog or cat of another from one
 land .                                                    place to another without the owner's consent
   (c) "Value" means the market value at the               or cause such a dog or cat to be confined or
 time of the theft or the cost to the victim of            carried out of this state or held for any pur-
 replacing the property within a reasonable time           pose without the owner's consent .
 after the theft, whichever is less, but if ' the
                                                                       y
                                                              (2) Any person violating this section may be :
 property , stolen is a document evidencing : a
 chose, in action or other intangible right, value            (a) Fined not more than $500 or imprisoned
means either the market value of the chose in
                                 e                         not more than one year in the county jail or
                                                                  ..
action or other : right or the intrinsic 'value of         both :
the document, whichever is greater. . If the thief"                                       s
                                                              (3) This section does not apply ' to county
gave consideration for, or had a legal interest            humane officers, sheriff s and their deputies,
                                                                                            '
in, the stolen property, the amount of such                marshals or constables or other police officers
consideration or value of such interest shall be           or humane society agents engaged in the exer-
deducted from the total value . of the . property . .
                          l                                cise of " their ' official duties..
   (d) "Property of another" includes property
in which the actor is a co-owner and property              943 .205 Theft of trade secrets . (1) Who-
of a partnership, of which the actor is a mem-             ever with intent to deprive or withhold from the
ber, unless the actor and, the victim are hus-             owner thereof ' the control of a trade secret, or
band and wife .                                            with intent to appropriate a trade secret to his
                                                           own use or the use of another not the owner,
   (3) PENALTIES Penalties for violation of
                                                           and without authority of' the owner, does any of
this section shall be as follows :
           n
                                                           the following may be penalized as provided in
 - (a) If the . value of the property does not ex-
                                                           sub . . (3) :
ceed $100 ; a fine of not more than $200 or im-
prisonment for not more than - 6 months or
                               e                              (a) Takes, uses, transfers, conceals, exhibits
both                                                       or retains possession of property of the owner
                                                           representing a trade secret
     (b) If' the- value of the property exceeds $100
but not $2,500, a fine of not more than $5,000                (b) Makes or causes to be made a copy of
or imprisonment for not more than 5 years or,              property of the owner representing a trade se-
                                                           cret
both ..
     (c) If the value of the property exceeds $2,-            (c) Obtains title to property representing a
500, a fine of not more than . $10,000 or impris-          trade secret or a copy of ' such property by in-
onment' for not more than 15 ' years or both „             tentionally deceiving . the owner with a false
     (d) If the value of the property is less than         representation which is known to be false,
$2,500 ' and ' any of the following circumstances          made with intent to defraud, and which does
exist, a fine of not more than $5,000 or impris-           defr aud the person to whom it is made . "False
onment for not more than 5 years or both :                 representation" includes a p r omise made with
  ° . l . The property is a domestic animal ; or           intent not to perform if it is a part of a false
                                                           and f r audulent scheme. . .
     2 The property is taken from the person of
another or from a corpse ; or                                 (2) In this section :
     3 . The property is taken from a building                                              e
                                                              (a) "Trade secret" means the whole or any
which has been ; destroyed or left unoccupied              portion or phase of'. any scientific,, technical,
because of physical disaster, riot, bombing or             laboratory, experimental, development or man-
the . proximity of battle ; or                             ufacturing information, equipment, tooling,
    4 The property is taken after physical disas-          machinery, design, process, procedu r e, formula
ter, riot, bombing, or the proximity of battle             or improvement, or any business information
has necessitated its removal from a building,              used or for' use in the conduct of a business,
  Cross Reference: Misapplication of funds by contractor   which is manifestly intended by the owner', not
                   Electronically scanned images of the published statutes.

 943.205    CRIMES- PROPERTY                                                                               4180


 to be available to anyone other than the owner        deemed prima facie evidence of an intent to ab-
 or persons having access thereto with the own-        scond without payment .
 er's consent and which accords or may accord            (b) The failure or refusal of any guest at a
                                                                                                   t
 the owner a competitivee advantage over other         hotel, motel,, boarding or lodging house, or res-
 persons . .                                           taurant, to pay, upon written demand, the es-
   (b) " Property" includes without limitation        tablished charge for food, lodging or other
 because of enumeration any object, material,         service or accommodation actually rendered .
 device, substance, writing, record, recording,          (c) The giving of false information on a
 drawing, sample, specimen, prototype, model,                g
                                                      lodging registration form or the presenting of
 photograph, micro-organism, blueprint .qr            false or fictitious credentials for the purpose of
 map, or any copy thereof .
                                                      obtaining lodging or credit .
    (c) "Representing" .means disclosing, em-
 bodying, describing, depicting, containing, con-        (d) The drawing, endorsing, issuing or deliv-
 stituting, reflecting or recording .                 ering to any hotel, motel, boarding or lodging
                                                      house, or restaurant, of any check, draft or or-
    (d) "Copy" means any facsimile, replica,
                                                      der for payment of money upon any bank or
 photograph or other reproduction of any prop-
 erty and any notation, drawing or sketch made        other depository, in payment of established
 of or from any property                              charges ' for food,: lodging or other service or
   (f) "Owner" includes a co-owner of the per-        accommodation, knowing at the time that
son charged .d and a partnership of which the         there is not sufficient credit with the drawee
person charged is a member, unless the person         bank or other depository for payment in full of'
charged and the victim are husband and wife,.         the instrument drawn
   (3) Any one who violates this section may be      943 .22 Use of cheating tokens . Whoever
fined not more than $5,000, or imprisoned for
                                                     obtains the property or services of another by
not more than 3 years or both ..
                                                     depositing anything which he knows is not law-
   (4) In a prosecution for a violation of this      ful' money or an authorized token in any recep-
section it shall be no defense that the person
                                                                                                     y
                                                     tacle used for the deposit of coins or tokens may
charged returned or intended to return the
                                                     be fined not more than $50 or imprisoned not
property involved or that he destroyed all cop-
ies made .                                           more than 60 days or both . .
  (5) This section does not prevent any one          943 .23 Operating vehicle without owner's
from using skills and knowledge of a general         consent . Whoever intentionally takes and
nature gained while employed by the owner of         drives any vehicle without the consent of the
a trade secret .                                     owner may be fined not more than $1,000 or
 943 . 21 Fraud on hotel or restaurant keep -        imprisoned not more than 5 year 's or both .
                                                        To sustain a conviction of operating a car without the
 er. (1) Whoever does either of the following        owner's consent it is not necessary that the driver be the
 maybe fined not more than $500 or imprisoned        person who actually took the car . Edwards v .. State, 46 W
                                                     (2d) 249, 1 ' 74 NW (2d) 269 .
 in the countyy jail not more than 6 months or
 both :
                                                      943 .24 Issue of wort hless check. (1)
     (a) Having obtained any food, lodging or         W hoever issues any check or, other' order for the
 other service or accommodation at any hotel,
                                                      payment of money which ; at the time of issu-
 motel, boarding or lodging house, or restau-
                                                     ance, he intends shall not be paid is guilty of 'a
 rant, intentionally absconds without paying for
it .                                                  misdemeanor and may be fined not more than
                                                      $1,000 or imprisoned not more than one year or
     (b) While a guest at any hotel, motel, board-
                                                     both,
ing or, lodging house, or restaurant, intention-
ally defrauds the keeper thereof in any transac-        (2) Any of the following is prima facie evi-
tion a r ising out of such relationship as guest .   dence that the person at the timee he issued the
     (2) Under this section, prima facie evidence    check or other order for the payment of mon-
of an intent to defraud is shown by :                ey, intended it should not be paid :
     (a) ' The refusal of payment upon presenta-        (a) . Proof'that, at the time of issuance, he did
tion when due, and the return unpaid of any          not have an account with the drawee ; or
bank check or order fo r the payment of mon-            (b) Proofthat, at the time of issuance, he did
ey, givenn by any guest to any hotel, motel,         not have sufficient funds or credit with the
boarding or lodging house, or restaurant, in         drawee and that he failed within 5 days after
payment of any obligation arising out of such        receiving notice of nonpayment or dishonor' to
relationship as guest.. Such facts shall also be     pay the check or other order ; or
                  Electronically scanned images of the published statutes.
4181                                                                    CRIM E S- PROPERTY        943 .28


  (c) Proof that, when presentment was made          than 6 months or both
within a reasonable time, the issuer didd not          (2) If the security is impaired by more than
have sufficient funds or credit with the drawee      $1,00Q, the mortgagor or vendee may be fined
and he failed within 5 days after receiving no-      not more than $1,0000 or imprisoned not more
tice of nonpayment or dishonor to pay the            than 5 years or both . .
check or other order .
  (3) This section does not apply to a postdat-       943 . 27 Po ssessio n of rec o rd s of ce rtain
ed check or to a check given for a past consid-       usurious loans . Except as otherwise author-
eration, except a pay roll check ..                  ized by law, any person who knowingly possess-
                                                     es any writing representing or constituting a
943 . 25 Transfer of en c umb er ed property.        record of a charge of, contract for, receipt of or
(1) Whoever, with intent to defraud, conveys         demand for a rate of interest or consideration
real property which he knows is encumbered,          exceeding $20 upon $100 for one year comput-
without informing the grantee' of the existence      ed upon the declining principal balance of the
of the encumbrance may be fined not more than        loan, use or forbearance of money, goods or
$5,000 or imprisoned not more than 3 years or        things in action or upon the loan, use or sale of
both .
                                                     credit may be fined not more than $5,000 or
  (2) Whoever, with intent to defraud, does          imprisoned not more than 2 years or both . .
any of the following, may be fined not more
than $1,000 or 'imprisoned-not . more than 2         943 .28 Loan sharking prohibited . (1) For
years or both :                                      the purposes of this section :
   (a) Conceals, removes or transfers any per-         (a) To collect an extension of credit means
sonal property in which he knows another has         to induce in any way any person ' to make re-
asecutity interest; or -                             payment ther'eof'..
   (b) In violation of the security agreement,           (b) An extortionate extension of credit is any
fails or refuses to pay over to the secured party
                                                      extension : of credit with respect to which it is
the proceeds from the sale of property s u bject      the understanding of the credito r and the debt-
to a security interest . .
                                                      or at the time it is made that delay in making
   (3) It is prima facie evidence of an intent to     repayment or failure to make repayment could
defraud within, the meaning of sub .. (2) (a) if a
                                                      result in the use of violence or other criminal
person, with knowledge that the security inter-
                                                      means to cause harm to the person, reputation
est exists, removes or sells the property with-
out either the consent of the secured party or        or property of any person
authorization by the secu r ity agreement and            (c) An extortionate means is any means
fails within 72 hours after service : of written      which involves the use, or an express or im-
demand for the return'of'the property either to       plicit threat of use, of violence or other'c t imi-
return it or, in the event that return is not pos-    nal means to cause harm to the person, teputa-
sible, to make full disclosure to the secured                                  y
                                                      tiom, or property of any person .
party of all the information he has concerning           (2) Whoever makes any extortionate exten-
its disposition, location and possession .            sion of credit, or conspires to do so, if' one or
   (4) I n this section "security interest" means     more of the parties to the conspiracy does an
an interest in property which secures payment         act to effect - its object, may be fined not more
or other, performance of an obligation ; "securi-     than . $10,000 or imprisoned not more than 20
ty agreement" means the agreement creating            years. or both ..
the security interest ; "secured party" means            (3) Whoever advances money or property,
the person designated in the security agree-          whether as a gift, as a loan, as an investment,
ment as the person in whose favor there is a          pu r suant to a partnership or profit-sharing
security interest or, in the case of an assign-       agreement, or otherwise", for the purpose of
ment of which the debtor has been notified, the       making ' extortionate extensions of credit, may
assignee . .                                          be fined not more than $10,000 or imprisoned
                                                      not more than 20 year's or' both .
943 .26 Removing or damaging encum -
bered re a l : property. (1) Any mortgagor of'           (4) Whoever knowingly participates in any
real property or vendee under a land contract         way in the use of any extortionate meanss a) to
who, without the consent of the mortgagee or          collect or attempt to collect ., any extension : of'
vendor, intentionally removes or damages the          credit, or b) . to punish any person for the non-
real property so as to substantially impairr the      repayment thereof, may be fined not more than
mortgagee's of vendor's security may be fined        :$10,000 or imprisoned not more than 20 years
not more than $200 or imprisoned not more             or both . .
                  Electronically scanned images of the published statutes.

 943 .28 CRI M ES-PRO PE RTY                                                                                     4182

  943 . 30 Thre a ts to i nju re or acc use of            (a) By using force against the person of the
  crime . (1) Whoever', either verbally or by any      owner with intent thereby to overcome his
  written or printed communication, maliciously        physical resistance or physical power of resist-
 threatens to accuse another of'any crime or, of-      ance to the taking or carrying away of the
 fense, or to do any injury to the person, proper-     property; of
 ty, business, profession, calling or trade, or the       (b) By threatening the imminent use of force
 profits and income of any business, profession,       against the person of the owner or of another
 callingg or trade of another, with intent thereby     who is present with intent thereby to compel
 to extort money or any pecuniary advantage            the owner to acquiesce in the taking or carry-
 whatever ;, or with intent to compel the person                      e
                                                       ing away of the property
 so threatened to do any act againstt his will or        (2) Whoever violates sub.. (1) while armed
 omit to do any lawful act, may be fined not               h
                                                       with a dangerous weapon may be imprisoned
 more than $2,000 or imprisoned not more than          not more than 30 years
 5 years or both .                                       (3) In this section "owner" means a person
    (2) Whoever violates sub.. (1) by obstructing,     in possession of property whether his posses-
 delaying or affecting commerce or business or         sion is lawful or unlawful . .
 the movement of any article or commodity in              Conviction of attempted armed robbery was supported
                                                       by corroborated testimony of the victim who, returning         g
 commerce or business by threats or extortion          from a bank with a sack full of money and about to enter
 or attempts or conspires so to do or commits          his tavern, was confronted by defendant, the latter de-
                                                       manding the sack while trying to draw a gun which be-
 or threatens physical violence to any person or       came stuck in his pocket, whereupon the proprietor ran
 property in furtherance of a plann or purpose to      into the tavern, it being manifest that there were un-
 do anything in violation of sub .. (1) may be         equivocal acts accompanied by the requisite intent to con-
                                                       stitute the crime . . The state was not obliged, as defendant
 fined not more than $10,000 or imprisoned not         contended, to prove that the gun used was in fact a lethal
more than 20 years or both,                            weapon . Boyles v.. State, 46 W (2d) 473, 175 NW (2d)
                                                       277 .
    (3) (a) Whoever by violating sub . (1) at-                                         s
                                                          While a person who seeks to repossess himself of specif-
 tempts to influence any witnesss in any matter,       ic property which he owns, and to which he has the
cause, action or proceeding before any court,          present right of possession, and the means he uses in-
                                                       volves a gun or force, might not have the intention to
officer or body mentioned in s 946 :31- (1),           steal„the taking of money from a debtor by force to pay a
whether de facto or de jure, or any pent or            debt is robbery unless the accused can trace his ownership
                                                       to specific coins and bills in the possession of the debtor. .
grand juror, in thee performance of his func-          Edwards v, State, 49 W (2d), 105, 181 NW (2d) 383,
tions as such, or to deter any such witness               See note to 943 .10, citing State v DiMaggio, 49 W (2d)
from testifying, may be fined not more than .          565, 182 NW (2d) 466 .
                                                                                             e
                                                          It is e r ror not to instruct on the allegations that the de-
.$10,000, or imprisoned not more than 10 years        fendant was armed and that he attempted to conceal his
or .both..                                             identity, but this is harmless error whe r e the facts are un-
                                                      controveited Claybrooks v State, 50 W (2d) 79, 183 NW
   (b) In this, subsection "witness" meanss any        (2d) 139
person who has been or is expected to be sum-            On a charge of armed robbery the roust should instruct
moned to testify,, or who by reason of having         as to the definition of a dangerous weapon, but the error is
                                                      harmless' where all the evidence is to the effect that the
relevant information is subject to call or likely     defendant had a gun .'Ciaybrooks v .. State, 50 ' W (2d) 87,
to be called as a witness, whether or not any          183 NW (2d) 143. .
action or proceeding has as yet been com-                Where the evidence is cleat that the defendant was
                                                      armed, ., the court need not submit a verdict which would
menced                                                allow the jury to' find him guilty of unarmed robbery .
                                                      Kimmons v State, 51 W (2d) 266, 186 NW (2d) 308
943 . 31 Threats to communicate deroga-                  An information charging armed robbery is void if its
                                                      fails to allege the use or threat of force to overcome the
tory information . Whoever threatens to com-          owner's resistance Champlain ' v . State, 53 W (2d) '751,
municate to anyone information, whether true          193 . NW (2d) 868 ..,
or false ; which would injure the reputation of
the threatened person or another unless the           943 .34 Receiving stolen property. Who-
threatened person transfers property to a per-        ever ` intentionally receives or conceals stolen
son known not to be entitled to it may be fined       property may be penalized as follows :
not more than $1,000 or imprisoned not more             (1) I f the value of the property does not ex-
than one year or both,                                ceed $100, by a ,fine of not more than $200 or
                                                      by imprisonment for not more than 6 months
943 :32 Robbery . (1) Whoever, with intent            or both .
to steal; takes property from the person or pres-       (2) If the value of the property exceeds $100
ence of the owner, by either of the following                                                 e
                                                      but not more than $2,500, by a fine of not
means may be imprisoned not more than 10              more than $5,000 or by imprisonment for not
years :                                               more than 5' years or both .
                 Electronically scanned images of the published statutes.
4 1 83                                                                   CRIMES-PROPERTY 943 . 39


  (3) If the value of the property exceeds $2,-          (b) A public record or a certified or authen-
500, by a fine of not more than $10,000 or by          ticated copy thereof ; or
imprisonment for not more than 15 years or               (c) An official authenticationn or certification
both ..                                                of 'a copy of a public record ; or
                                                         (d) An official return or certificate entitled
943 . 35 . Re cei v i n g property from ch i ldren .   to be received as evidence of its contents :
Whoever does either of the following may be
                                                         (2) Whoever utters as genuine or possesses
fined not more than $100 or imprisonedd not            with intent to utter as false or as genuine any
more than 6 months or both :
                                                       forged writing or object mentioned in sub . (1),
   (1) As a dealer in secondhand articles or           knowing it to have been thus falsely made or
,junk, purchases any personal property, except         altered, may be fined or imprisoned or both as
old rags and waste paper, from any minor,              provided in said subsection .
with out the written consent of his patent or,           (3) Whoever,, with intent to defraud, does
guardian ; or                                          any of the following may be fined not more
   (2) As a pawnbroker or other person who             than $200 or imprisoned not more than 6
loans money and takes personal property as se-         months or both :
cuiity therefor, receives personal property as           (a) Falsely makes or alters any object so that
security for a loan fiom any minor without the         it appears to have value because of antiquity,
written consent of his parent or guardian              rarity, source or authorship which it does nott
  History: 19 71 c.. 228 .
                                                       possess ; or possesses any such object knowing
943 . 37 Alterati on of property identifica -          it to have been thus falsely made or altered
tion marks. Whoever does any of the following          and with intent to transfer it as original and
with intent to prevent thee identification of the      genuine, by sale or for security purposes ; or
property involved may be finedd not more than .          (b) Falsely makes or alters any writing of a
$200 or imprisonedd not more than 6 months or          kind commonly relied upon for the purpose of
both :                                                 identification or recommendation ; or
   (1) Alters or removess anyy identification            (c) Withoutt consent, places upon any mer-
markk on any log or, other lumber without the          chandise an identifying label or stamp which is
consent of the owner ; or                              or purports to be that of another craftsman,
  (2) Alters or removes any identification             tradesman, packer or manufacturer; or
mark from any receptacle used by the manu-               (d) Falselyy makes or alters a membership
facturer of any beverage ; or                          card: purporting to be that of a fraternal, busi-
  (3) Alters or removes any manufacturer's             ness or professional association or of a labor
identification number on personal property or          union; or possesses any such card knowing it
possesses any personal property with knowl-            to have been thus falsely made or altered and
edge that the manufacturer's identification            with intent to use it or, cause or permit its use
number has been removed or altered . : Posses-         to deceive another ; or
sion of 2 or more similar items of personal              (e)' Falsely makes or alters any writing pur-
property with the manufacturer's identification        porting to evidence a right to transportation on
number' altered or removed is prima facie evi-         any common carrier ; or
dence of knowledge of the alteration or remov-            (f) Falsely makess or alters a certified ab-
al and of an intent' to prevent identification of      stcact of title to real estate . .
the property .
                                                       943 . 39 Fraudulent wr i ti n g s . Whoever,
943 . 38 For gery. (1) Whoever with intent to          with intent to injure or defraud, does any of'the
defraud falsely makes or alters a writing or ob-       following may be fined not more than $2,500 or
ject of any of the following kinds so that it pur-     imprisoned not more than 3 years or both :
ports to havee been made by another, or at an-           (1) Being a director, officer, agent of em-
other time, or with different provisions, or by        ploye of any corporation falsifies any record,
authority of one who did not give such authori-        account or other, document belonging to that
ty, may be fined not more than $5,000 or im-           corporation by alteration, `false entry or omis-
prisoned not more than 10 years or both :              sion, or makes, circulates ' or publishes any
   (a) A writing or object whereby legal rights        written statement regarding the corporation
or obligations are created, terminated or trans-       which he knows is false ; or
f'eried, or anyy writing commonly relied upon in          (2) B y means of deceit obtains a signature to
business or commercial transactions as evi-            a writing which is the subject of forgery under
dence of debt or property rights ; or                  s . 94338 (1) ; or
                       Electronically scanned images of the published statutes.
 943 .39 CRIMES-PROPERTY                                                                                 4184

    (3) ..Makes a false written statement with                (c) Uses a credit card knowing that it has
 knowledge that it is false and with intent that           been falsely made or altered in anyy material re-
 it shall, ultimately appear to have been signed           spect :
 under oath .                                                 (d) Uses the pretended number or descrip-
                                                           tion of a fictitious credit card . .
 94 3 . 395 Fra ud ulent i n s ura nce a nd em-               (e) With intent to defraud, uses a credit card
 ploye benefit program claims . Whoever,                   which has expired .
 knowing it to be false or fraudulent, does any of            (2) In this section "credit card" means any
 the following shall be fined not less than $100           device issued by a business organization or as-
 nor more than $500 or- imprisoned in the coun-            sociation of business organizations, or any
 ty jail for not less than 30 days nor more than           club, authorizing the holder to obtain property
 one year or both :                                        or services on credit . I t includes the number or
   (1) Presents or causes to be presented a false          description of any such device when the device
or fraudulent claim, or any proof' .in support of          itselfis not produced at the time of obtaining
such claim, to be paid under any contract or               credit .
certificate of insurance; or                                 (3) For purposes of this section a credit card
   (2) Prepares, makes or subscribes to a false            may be revoked or canceled by notice given
or fraudulent account, certificate, affidavit,            ora lly in person or by tel epho n e, or in writing
proof of loss or other document or writing,               by mail or telegram : In the absence of proof of
with knowledge that the same may be present-              earlier delivery, such notice directed to the
ed or used in support of'a claim for payment              holder at the address given on his card or his
under a policy of insurance.                              last known address; bearing the return address
   (3) Presents or causes to be presented a false         of" the `sender, and deposited in the United
                                                          States mail with sufficient postage attached, is
or fraudulent claim or benefit application, or
                                                          presumed to have been received on the second
any false or fraudulent proof' in' support of
                                                          day' after mailing, or,'if' filed in the office of a
such a claim or benefit application, to be paid
                                                          telegraph company serving such address, is
under any employe benefit program created by
                                                          presumed to have been received on the day fol-
ch . 40, 41 or 42 .                                       lowing such filing, unless, in either case, the
  History: 1971 c, 21 4 .
                                                          sender has been notified of nondelivery .
 943 . 40 ` Fra udu l e n t de struc ti on of certa i n
                                                          943 .45 . Obta i n i ng telecommunications
writings . Whoever with intent to defraud does
                                                          service by fraud . (1) Whoever' with intent to
either of the following may be fined not more             defraud obtains or attempts to obtain telecom-
than $2,500 or imprisoned not more than 3                 munications service by any of the following
years or .both-                                           means may be penalized as provided in sub.. (3) :
   (1) . D estroys or mutilates any corporate                (a) Charging such service to an existing tele-
books of account or records ; or                          phone number : or credit card number without
   (2) Completely erases, obliterates or destroys         the consent of the subscriber thereto or the le-
any writing whichh is the subject of forgery un-          gitimate holder (hereof.
der s . 943 :38 (1) (a) .                                   (b) Charging such .service to a false,- ficti-
                                                          tious, suspended, terminated, .expired ;, canceled
 943. 41 Fraudulent use of credit cards.                  or revoked telephone number or credit card
(1) Whoever obtains or attempts to obtain prop-           number
erty or servicess on credit by any of', the follow-         (c) Rearranging, tampering with or making
ing .means may, if the value of the property or           connection with any `facilities or equipment .'
services does not exceed $160, be fined not                 (d) Using- a code, prearranged scheme, or
more than $100 or imprisoned not more than                 other stratagem or device whereby said person
30 days, or both, or .if the value of the property         in effect sends or receives information.
or services exceeds $100 .in a single transaction            (e) Using any other contrivance, device or
of in separate transactions within a period not           means to avoid payment of the lawful charges,
exceeding, 6 months, be fined not more than               in whole or in part, for such service . .
$SOO or imprisoned in the county jail not more               (2) This section shall apply when the said
than one year, or, both :                                 telecommunications service either originates or
  (a) Uses a creditt card which was issued to             terminates, or both, in this state, or when the
another', without his consent .                           charges for said telecommunications service
  (b) Uses : .a credit card knowing that it has           would have been billable, in normal course, by
been revoked or canceled .                                a person providing telecommunications service
                 Electronically scanned images of the published statutes.

4185                                                                      CRIMES- PROPERTY 943. 50


in this state, but for the fact that said service       upon the person or among the belongings of
was obtained, or attempted to be obtained, by           such person or concealed by a person upon the
one or more of ' the means set forth in sub . . (1) .   person or, among the belongings of another is
   (3) Penalties for violation of this section are      evidence of intentional concealment on the
as follows:                                             part of the person so concealing such goods ..
   (a) If the charges for the service obtained, or         (3) A merchant or merchant's adult employe
attempted to be obtained, do not exceed $100,           who has probable cause for believing that a
a fine of not more than $200 or imprisonment            person has violated this section in his presence
for not more than 6 months or both .                    may detain such person in a reasonable man-
   (b) If" the charges for the service obtained, or     rier, for a reasonable length of' time to deliver
attempted to be obtained, exceed $100, a fine           him to a peace officer, or to his parent or
of not more than $1,000 or imprisonment for             guardian in the case of 'a minor The detained
not more than one year or both .                        person must be promptly informed of the pur-
   (4) When there has been more than one un-                                     n
                                                        pose for the detention and be permitted to
lawful obtaining, or attempt to obtain, by an           make phone calls, but he shall not be interro-
offender, the aggregate of the charges for the          gated or searched against his will before the ar-
telecommunications service unlawfully ob-               rival of a peace officer who may conduct a
tained, or, attempted to be obtained, shall de-         lawful interrogation of the accused person ..
termine the grade of the offense ..                     Compliance with this subsection entitles the
943 .50 Shoplifting . (1) Whoever' intention-           merchant or his employe effecting the deten-
ally alters indicia of price or value of merchan-       tion to the same defense in any action as is
dise or who takes and carries away, transfers,          available to a peace officer making an arrest in
conceals or retains possession of merchandise           the line of duty,
held for resale by a merchant w ithout his con-            (4) Penalties for violation of this section are :
sent and with intent to deprive the merchant               (a) If the value of the merchandise does not
permanently of possession, or the full purchase         exceed $100, a fine of not more than $200 or
price, of such merchandise may be penalized as          imprisonment for' not more than 6 months or
         d
.provided in sub .. (4) .                               both :
    (2) The intentional concealment of unpur-              (b) If the value of the merchandise exceeds
 chased merchandise which continues from one
                                                         $100 but not $2,500, a fine of not more than
 floor to another or beyond the last station for
     r                           e
                                                         $5,000 or imprisonment for not more than 5
 receiving payments in a merchant's store is evi-
 dence of intent to deprive the merchant perma-          years or both . .
 nently of " possession of such merchandise with-          (c) If the value of the merchandise exceeds
 out paying the purchase price thereof. The dis •        $2,500, a fine of not more than $10,000 or im-
 covery of unpurehased merchandi se concealed            prisonment for not more than 15 years or both .

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:7
posted:8/25/2012
language:English
pages:10