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 .
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