Chapter 943

943.61(1)(c) (c) “Library material” includes any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual materials in any format, magnetic or other tapes, electronic data processing records, artifacts or other documentary, written or printed materials, regardless of physical form or characteristics, belonging to, on loan to or otherwise in the custody of a library.

943.61(2) (2) Whoever intentionally takes and carries away, transfers, conceals or retains possession of any library material without the consent of a library official, agent or employee and with intent to deprive the library of possession of the material may be penalized as provided in sub. (5).

943.61(3) (3) The concealment of library material beyond the last station for borrowing library material in a library is evidence of intent to deprive the library of possession of the material. The discovery of library material which has not been borrowed in accordance with the library’s procedures or taken with consent of a library official, agent or employee and which is concealed upon the person or among the belongings of the person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing the material.

943.61(4) (4) An official or adult employee or agent of a library who has probable cause for believing that a person has violated this section in his or her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a peace officer, or to the person’s parent or guardian in the case of a minor. The detained person shall be promptly informed of the purpose for the detention and be permitted to make phone calls, but shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. Compliance with this subsection entitles the official, agent or employee effecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty.

943.61(5) (5) Whoever violates this section is guilty of:

943.61(5)(a) (a) A Class A misdemeanor, if the value of the library materials does not exceed $2,500.

943.61(5)(c) (c) A Class H felony, if the value of the library materials exceeds $2,500.

943.61 History History: 1979 c. 245; Stats. 1979 s. 943.60; 1979 c. 355 s. 232; Stats. 1979 s. 943.61; 1991 a. 39; 2001 a. 16, 109.

943.62 943.62 Unlawful receipt of payments to obtain loan for another.

943.62(1) (1) In this section, “escrow agent” means a state or federally chartered bank, savings bank, savings and loan association or credit union located in this state.

943.62(2) (2) Except as provided in sub. (2m), no person may receive a payment from a customer as an advance fee, salary, deposit or money for the purpose of obtaining a loan or a lease of personal property for the customer unless the payment is immediately placed in escrow subject to the condition that the escrow agent shall deliver the payment to the person only upon satisfactory proof of the closing of the loan or execution of the lease within a period of time agreed upon in writing between the person and the customer; otherwise the payment shall be returned to the customer immediately upon expiration of the time period.

943.62(2m) (2m) This section does not apply to a savings and loan association, credit union, bank, savings bank, or a mortgage banker, mortgage loan originator, or mortgage broker licensed under s. 224.72 or 224.725.

943.62(3) (3) 

943.62(3)(a) (a) Advance payments to cover reasonably estimated costs are excluded from the requirements of sub. (2) if the customer first signs a written agreement which recites in capital and lowercase letters of not less than 12-point boldface type all of the following:

943.62(3)(a)1. 1. The estimated costs by item.

943.62(3)(a)2. 2. The estimated total costs.

943.62(3)(a)3. 3. Money advanced for incurred costs will not be refunded.

943.62(3)(b) (b) If a cost under par. (a) is not incurred, the person shall refund that amount to the customer.

943.62(4) (4) Whoever violates this section is guilty of:

943.62(4)(a) (a) A Class A misdemeanor, if the value of the advance payment or required refund, as applicable, does not exceed $2,500.

943.62(4)(c) (c) A Class F felony, if the value of the advance payment or required refund, as applicable, exceeds $2,500.

943.62 History History: 1981 c. 20; 1983 a. 167; 1987 a. 359; 1987 a. 403 s. 256; 1995 a. 27; 1997 a. 145; 2001 a. 16, 109; 2009 a. 2.

943.70 943.70 Computer crimes.

943.70(1) (1) Definitions. In this section:

943.70(1)(ag) (ag) “Access” means to instruct, communicate with, interact with, intercept, store data in, retrieve data from, or otherwise use the resources of.

943.70(1)(am) (am) “Computer” means an electronic device that performs logical, arithmetic and memory functions by manipulating electronic or magnetic impulses, and includes all input, output, processing, storage, computer software and communication facilities that are connected or related to a computer in a computer system or computer network.

943.70(1)(b) (b) “Computer network” means the interconnection of communication lines with a computer through remote terminals or a complex consisting of 2 or more interconnected computers.

943.70(1)(c) (c) “Computer program” means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data.

943.70(1)(d) (d) “Computer software” means a set of computer programs, procedures or associated documentation used in the operation of a computer system.

943.70(1)(dm) (dm) “Computer supplies” means punchcards, paper tape, magnetic tape, disk packs, diskettes and computer output, including paper and microform.

943.70(1)(e) (e) “Computer system” means a set of related computer equipment, hardware or software.

943.70(1)(f) (f) “Data” means a representation of information, knowledge, facts, concepts or instructions that has been prepared or is being prepared in a formalized manner and has been processed, is being processed or is intended to be processed in a computer system or computer network. Data may be in any form including computer printouts, magnetic storage media, punched cards and as stored in the memory of the computer. Data are property.

943.70(1)(g) (g) “Financial instrument” includes any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or credit card, transaction authorization mechanism, marketable security and any computer representation of them.

943.70(1)(gm) (gm) “Interruption in service” means inability to access a computer, computer program, computer system, or computer network, or an inability to complete a transaction involving a computer.

943.70(1)(h) (h) “Property” means anything of value, including but not limited to financial instruments, information, electronically produced data, digital property, as defined in s. 711.03 (10), computer software, and computer programs.

943.70(1)(i) (i) “Supporting documentation” means all documentation used in the computer system in the construction, clarification, implementation, use or modification of the software or data.

943.70(2) (2) Offenses against computer data and programs.

943.70(2)(a) (a) Whoever willfully, knowingly and without authorization does any of the following may be penalized as provided in pars. (b) and (c):

943.70(2)(a)1. 1. Modifies data, computer programs or supporting documentation.

943.70(2)(a)2. 2. Destroys data, computer programs or supporting documentation.

943.70(2)(a)3. 3. Accesses computer programs or supporting documentation.

943.70(2)(a)4. 4. Takes possession of data, computer programs or supporting documentation.

943.70(2)(a)5. 5. Copies data, computer programs or supporting documentation.

943.70(2)(a)6. 6. Discloses restricted access codes or other restricted access information to unauthorized persons.

943.70(2)(am) (am) Whoever intentionally causes an interruption in service by submitting a message, or multiple messages, to a computer, computer program, computer system, or computer network that exceeds the processing capacity of the computer, computer program, computer system, or computer network may be penalized as provided in pars. (b) and (c).

943.70(2)(b) (b) Whoever violates par. (a) or (am) is guilty of:

943.70(2)(b)1. 1. A Class A misdemeanor unless any of subds. 2. to 4. applies.

943.70(2)(b)2. 2. A Class I felony if the offense is committed to defraud or to obtain property.

943.70(2)(b)3g. 3g. A Class F felony if the offense results in damage valued at more than $2,500.

943.70(2)(b)3r. 3r. A Class F felony if the offense causes an interruption or impairment of governmental operations or public communication, of transportation, or of a supply of water, gas, or other public service.

943.70(2)(b)4. 4. A Class F felony if the offense creates a substantial and unreasonable risk of death or great bodily harm to another.

943.70(2)(c) (c) If a person disguises the identity or location of the computer at which he or she is working while committing an offense under par. (a) or (am) with the intent to make it less likely that he or she will be identified with the crime, the penalties under par. (b) may be increased as follows:

943.70(2)(c)1. 1. In the case of a misdemeanor, the maximum fine prescribed by law for the crime may be increased by not more than $1,000 and the maximum term of imprisonment prescribed by law for the crime may be increased so that the revised maximum term of imprisonment is one year in the county jail.

943.70(2)(c)2. 2. In the case of a felony, the maximum fine prescribed by law for the crime may be increased by not more than $2,500 and the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 2 years.

943.70(3) (3) Offenses against computers, computer equipment or supplies.

943.70(3)(a) (a) Whoever willfully, knowingly and without authorization does any of the following may be penalized as provided in par. (b):

943.70(3)(a)1. 1. Modifies computer equipment or supplies that are used or intended to be used in a computer, computer system or computer network.

943.70(3)(a)2. 2. Destroys, uses, takes or damages a computer, computer system, computer network or equipment or supplies used or intended to be used in a computer, computer system or computer network.

943.70(3)(b) (b) Whoever violates this subsection is guilty of:

943.70(3)(b)1. 1. A Class A misdemeanor unless subd. 2., 3. or 4. applies.

943.70(3)(b)2. 2. A Class I felony if the offense is committed to defraud or obtain property.

943.70(3)(b)3. 3. A Class H felony if the damage to the computer, computer system, computer network, equipment or supplies is greater than $2,500.

943.70(3)(b)4. 4. A Class F felony if the offense creates a substantial and unreasonable risk of death or great bodily harm to another.

943.70(4) (4) Computer use restriction. In addition to the other penalties provided for violation of this section, a judge may place restrictions on the offender’s use of computers. The duration of any such restrictions may not exceed the maximum period for which the offender could have been imprisoned; except if the offense is punishable by forfeiture, the duration of the restrictions may not exceed 90 days.

943.70(5) (5) Injunctive relief. Any aggrieved party may sue for injunctive relief under ch. 813 to compel compliance with this section. In addition, owners, lessors, users or manufacturers of computers, or associations or organizations representing any of those persons, may sue for injunctive relief to prevent or stop the disclosure of information which may enable another person to gain unauthorized access to data, computer programs or supporting documentation.

943.70 History History: 1981 c. 293; 1983 a. 438, 541; 1987 a. 399; 2001 a. 16, 109; 2015 a. 300.

943.70 Note Judicial Council Note, 1988: [In (2) (b) 4. and (3) (b) 4.] The words “substantial risk” are substituted for “high probability” to avoid any inference that a statistical likelihood greater than 50 percent was ever intended. [Bill 191-S]

943.70 Annotation This section is constitutional. Copyright law does not give a programmer a copyright in data entered into the programmer’s program, and copyright law does not preempt prosecution of the programmer for destruction of data entered into the program. State v. Corcoran, 186 Wis. 2d 616, 522 N.W.2d 226 (Ct. App. 1994).

943.70 Annotation “Access codes or other restricted access information” in sub. (2) (a) 6. refers to codes, passwords, or other information that permits access to a computer system or to programs or data within a system; the phrase does not refer to the system, program, or data accessed. The statute was not meant to criminalize the disclosure of all types of information that could be stored on a computer, when that information was obtained with authorization in the first instance. Burbank Grease Services, LLC v. Sokolowski, 2006 WI 103, 294 Wis. 2d 274, 717 N.W.2d 781, 04-0468.

943.70 Annotation Criminal liability for computer offenses and the new Wisconsin Computer Crimes Act. Levy. WBB Mar. 1983.

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

943.74 943.74 Theft of farm-raised fish.

943.74(1) (1) In this section:

943.74(1)(a) (a) “Farm-raised fish” means a fish that is kept on a fish farm for propagation purposes or reared on a fish farm and that has not been introduced, stocked, or planted into waters outside a fish farm and that has not escaped from a fish farm.

943.74(1)(b) (b) “Fish farm” means a facility at which a person, including this state or a local governmental unit, hatches fish eggs or rears fish for the purpose of introduction into the waters of the state, human or animal consumption, permitting fishing, or use as bait or fertilizer or for sale to another person to rear for one of those purposes.

943.74(1)(c) (c) “Local governmental unit” means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

943.74(2) (2) No person may intentionally take and carry away, transfer, conceal, or retain possession of farm-raised fish of another without the other’s consent and with intent to deprive the owner permanently of possession of the farm-raised fish.

943.74(3) (3) 

943.74(3)(a) (a) Except as provided in par. (b), whoever violates sub. (2) is guilty of a Class A misdemeanor.

943.74(3)(b) (b) Whoever violates sub. (2) after having been convicted of a violation of sub. (2) is guilty of a Class D felony.

943.74 History History: 2001 a. 91, 105.

943.75 943.75 Unauthorized release of animals.

943.75(1) (1) In this section:

943.75(1)(ad) (ad) “Animal” means all vertebrate and invertebrate species, including mammals, birds, fish and shellfish but excluding humans.

943.75(1)(am) (am) “Humane officer” means an officer appointed under s. 173.03.

943.75(1)(b) (b) “Local health officer” has the meaning given in s. 250.01 (5).

943.75(2) (2) Whoever intentionally releases an animal that is lawfully confined for companionship or protection of persons or property, recreation, exhibition, or educational purposes, acting without the consent of the owner or custodian of the animal, is guilty of a Class C misdemeanor. A 2nd violation of this subsection by a person is a Class A misdemeanor. A 3rd or subsequent violation of this subsection by a person is a Class I felony.

943.75(2m) (2m) Whoever intentionally releases an animal that is lawfully confined for scientific, farming, restocking, research or commercial purposes, acting without the consent of the owner or custodian of the animal, is guilty of a Class H felony.

943.75(3) (3) Subsections (2) and (2m) do not apply to any humane officer, local health officer, peace officer, employee of the department of natural resources while on any land licensed under s. 169.15, 169.18, or 169.19, subject to certification under s. 90.21, or designated as a wildlife refuge under s. 29.621 (1) or employee of the department of agriculture, trade and consumer protection if the officer’s or employee’s acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties. This subsection does not limit any other person from claiming the defense of privilege under s. 939.45 (3).