26.14.150 Theft

(a) Acts. Whoever does any of the following may be penalized as provided in sub. (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 or 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 or her authority, and with intent to convert to his or 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, which is in his or her possession or custody by virtue of his or 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 or her own use within the meaning of this paragraph.

(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 which is known to be false, made with intent to defraud, and which 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 which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement after the lease or rental agreement has expired. This paragraph does not apply to a person who returns personal property, except a motor vehicle, which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement, within 10 days after the lease or rental agreement expires.

(6) By virtue of his or her employment position as a caregiver for an adult at risk or legal position as guardian or executor of such estate utilizes his or her position 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 or her authority, and with intent to convert to his or 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, which is in his or her possession or custody by virtue of his or 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 or her own use within the meaning of this paragraph.

(7) By virtue of his or her position as an employee of the Turtle Mountain and of Chippewa Indians or an entity wholly or partially owned by the Turtle Mountain Band of Chippewa Indians utilizes his or her position in having possession or custody of money, annual and sick leave, 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 or her authority, and with intent to convert to his or her own use or to the use of any other person.

(b) Definitions. In this section:

(1) "Adult at risk" shall mean any adult who has physical or mental condition that substantially impairs his or her ability to care for his or her needs and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation or is a patient in any health care nursing, or adult placement facility.

(2) "Bodily Harm" shall mean physical pain or injury, illness, or any impairment of physical condition.

(3) "Caregiver" shall mean a person who has assumed responsibility for all or a portion of any individual's care voluntarily, by contract, or by agreement, including a person acting or claiming to act a legal guardian.

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

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

(6) "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.

(7) Except as otherwise provided in this paragraph, "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. 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. "Value" also includes any costs that would be incurred in repairing or replacing any property damaged in the theft or removal of the scrap metal or plastic bulk merchandise container. 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.

(1) If the value of the property does not exceed $2,500, is guilty of a Class 2 Offense.

(2) If the value of the property exceeds $2,500 but does not exceed $5,000, is guilty of a Class 3 Offense.

(3) If the value of the property exceeds $5,000 but does not exceed $10,000, is guilty of a Class 4 Offense.

(4) If property is taken from an adult at risk of any value is guilty of a Class 4 Offense.

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