§ 38-107. Theft.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Movable property is property whose physical location can be changed, without limitation including electricity and gas, documents that represent or embody intangible rights, and things growing on, affixed to or found in land.

Patient has the meaning given in Wis. Stats. § 940.295(1)(l).

Property means all forms of tangible property, whether real or personal, without limitation, including electricity, gas and documents that represent or embody a chose in action or other intangible rights.

Property of another includes property in which the actor is a co-owner and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife.

Resident has the meaning given in Wis. Stats. § 940.295(1)(p).

Value means the market value at the time of the theft or the cost to the victim of replacing the property within a reasonable time after the theft, whichever is less; but if the property stolen is a document evidencing a chose in action or other intangible right, value means either the market value of the chose in action or other right or the intrinsic value of the document, whichever is greater. If the thief gave consideration for or had a legal interest in the stolen property, the amount of such consideration or value of such interest shall be deducted from the total value of the property.

Vulnerable adult has the meaning given in Wis. Stats. § 940.285(1)(e).

(b)

Acts. Whoever does any of the following may be penalized as provided in subsection (c):

(1)

Intentionally takes and carries away, uses, transfers, conceals or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property.

(2)

By virtue of his/her office, business or employment, or as trustee or bailee, having possession or custody of money or of a negotiable security, instrument, paper or other negotiable writing of another, intentionally uses, transfers, conceals or retains possession of such money, security, instrument, paper or writing without the owner's consent, contrary to his/her authority, and with intent to convert to his/her own use or to the use of any other person except the owner. A refusal to deliver any money or a negotiable security, instrument, paper or other negotiable writing, that is in his/her possession or custody by virtue of his/her office, business or employment, or as trustee or bailee, upon demand of the person entitled to receive it, or as required by law, is prima facie evidence of an intent to convert to his/her own use within the meaning of this subsection.

(3)

Having a legal interest in movable property, intentionally and without consent takes such property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of such property.

(4)

Obtains title to property of another person by intentionally deceiving the person with a false representation that is known to be false, made with intent to defraud, and does defraud the person to whom it is made. "False representation" includes a promise made with intent not to perform it if it is a part of a false and fraudulent scheme.

(5)

Intentionally fails to return any personal property that is in his/her possession or under his/her control by virtue of a written lease or written rental agreement, within ten days after the lease or rental agreement has expired.

(c)

Penalties. Whoever violates subsection (b) of this section, if the value of the property does not exceed $1,000.00, is subject to the provisions of section 1-8.

(d)

Use of photographs as evidence. In any action or proceeding for a violation of subsection (b), a party may use duly identified and authenticated photographs of property that was the subject of the violation in lieu of producing the property.

(Ord. of 7-2-85, § 1.11)

State law reference

Similar provisions, Wis. Stats. § 943.20.