943.49(1)(b) (b) “Recording” has the meaning given in s. 943.206 (5).

943.49(1)(c) (c) “Recording device” means a camera, an audio or video recorder or any other device that may be used to record or transfer sounds or images.

943.49(1)(d) (d) “Theater owner” means an owner or operator of a motion picture theater.

943.49(2) (2) Use of recording device in movie theater.

943.49(2)(a) (a) No person may operate a recording device in a motion picture theater without written consent from the theater owner or a person authorized by the theater owner to provide written consent.

943.49(2)(b) (b)

943.49(2)(b)1. 1. Except as provided in subd. 2., a person who violates par. (a) is guilty of a Class A misdemeanor.

943.49(2)(b)2. 2. A person who violates par. (a) is guilty of a Class I felony if the violation occurs after the person has been convicted under this subsection.

943.49(4) (4) Detention of person committing violation. A theater owner, a theater owner’s adult employee or a theater owner’s security agent who has reasonable cause to believe 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 his or her parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he or she 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. The theater owner, the theater owner’s adult employee or the theater owner’s security agent may release the detained person before the arrival of a peace officer or parent or guardian. Any theater owner, theater owner’s adult employee or theater owner’s security agent who acts in good faith in any act authorized under this section is immune from civil or criminal liability for those acts.

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

943.50 943.50 Retail theft; theft of services.

943.50(1) (1) In this section:

943.50(1)(ad) (ad) “Merchandise” includes a service provided by a service provider.

943.50(1)(ag) (ag) “Merchant” includes any “merchant” as defined in s. 402.104 (3) or any innkeeper, motelkeeper or hotelkeeper.

943.50(1)(am) (am) “Service provider” means a merchant who provides a service to retail customers without a written contract with the expectation that the service will be paid for by the customer upon completion of the service.

943.50(1)(ar) (ar) “Theft detection device” means any tag or other device that is used to prevent or detect theft and that is attached to merchandise held for resale by a merchant or to property of a merchant.

943.50(1)(as) (as) “Theft detection device remover” means any tool or device used, designed for use or primarily intended for use in removing a theft detection device from merchandise held for resale by a merchant or property of a merchant.

943.50(1)(at) (at) “Theft detection shielding device” means any laminated or coated bag or device designed to shield merchandise held for resale by a merchant or property of a merchant from being detected by an electronic or magnetic theft alarm sensor.

943.50(1)(b) (b) “Value of merchandise” means:

943.50(1)(b)1. 1. For property of the merchant, the value of the property; or

943.50(1)(b)2. 2. For merchandise held for resale, the merchant’s stated price of the merchandise or, in the event of altering, transferring or removing a price marking or causing a cash register or other sales device to reflect less than the merchant’s stated price, the difference between the merchant’s stated price of the merchandise and the altered price.

943.50(1)(b)3. 3. For a service provided by a service provider, the price that the service provider stated for the service before the service was provided.

943.50(1m) (1m) A person may be penalized as provided in sub. (4) if he or she does any of the following without the merchant’s consent and with intent to deprive the merchant permanently of possession or the full purchase price of the merchandise or property:

943.50(1m)(a) (a) Intentionally alters indicia of price or value of merchandise held for resale by a merchant or property of a merchant.

943.50(1m)(b) (b) Intentionally takes and carries away merchandise held for resale by a merchant or property of a merchant.

943.50(1m)(c) (c) Intentionally transfers merchandise held for resale by a merchant or property of a merchant.

943.50(1m)(d) (d) Intentionally conceals merchandise held for resale by a merchant or property of a merchant.

943.50(1m)(e) (e) Intentionally retains possession of merchandise held for resale by a merchant or property of a merchant.

943.50(1m)(f) (f) While anywhere in the merchant’s store, intentionally removes a theft detection device from merchandise held for resale by a merchant or property of a merchant.