943.20 Annotation Obtains title to property," as used in sub. 943.20(3)(c) (c) If the value of the property exceeds $10,000, is guilty of a Class G felony. Mancl is facing charges of Class G Felony Theft-Movable Property (valued at greater than $10,000); six counts of Class G Felony Possess Firearm-Convicted of a Felony; six counts of Class H Felony Theft-Movable Property-Special Facts; and Misdemeanor Resisting or Obstructing an Officer. Good luck with that. During sentencing, the district attorney and your attorney will present arguments to the Judge in regards to how you should be sentenced following a conviction. 943.20 Annotation If one person takes property from the person of another, and a 2nd person carries it away, the evidence may show a theft from the person under subs. Class A misdemeanor: Value of merchandise is $500 or less, Class I felony: Value of merchandise is $501 to $5,000, Class H felony: Value of merchandise is $5001 to $10,000, Class G felony: Value of merchandise is over $10,000, the retail value of the merchandise (unless returned undamaged), plus any other actual damages caused by the shoplifter, punitive damages (a civil penalty) equal to three times the total amount of the retail value of the merchandise (two times the retail value for a juvenile offender), and. https://docs.legis.wisconsin.gov/statutes/statutes/943/III/20, https://docs.legis.wisconsin.gov/document/statutes/subch.%20IV%20of%20ch.%20939. (ad) Elder adult at risk" has the meaning given in s. 46.90 (1) (br). 943.50). 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. 60 Atty. 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. . 943.20 Theft. You can explore additional available newsletters here. State v. Trawitzki, 2001 WI 77, 244 Wis. 2d 523, 628 N.W.2d 801, 99-2234. In addition, if the offense involves a motor vehicle, boat, or airplane, the offense is a felony. (ag) Movable property" is property whose physical location can be changed, without limitation including electricity and gas, documents which represent or embody intangible rights, and things growing on, affixed to or found in land. (1) (a) in the disjunctive by alleging that the defendant took and carried away or used or transferred. 943.20(1)(e) (e) 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. Theft from a retail store is its own separate criminal charge, and it may surprise you that the penalties may be more severe than if you stole directly from an individual. (1): (a) If the value of the property does not exceed $2,500, is guilty of a Class A misdemeanor. Theft of moveable property greater than $2500. You will also find two provisions titled Theft (Wis. Stat. 943.20 Annotation The federal tax on a fraudulently obtained airline ticket was properly included in its value for determining whether the offense was a felony under sub. If you still have questions like the ones below, please contact us for answers: Save my name, email, and website in this browser for the next time I comment. 5. The property is taken from a building which has been destroyed or left unoccupied because of physical disaster, riot, bombing or the proximity of battle. Moore v. State, 55 Wis. 2d 1, 197 N.W.2d 820 (1972). 6. February 2017, All 943.20(3)(bm) (bm) If the value of the property exceeds $5,000 but does not exceed $10,000, is guilty of a Class H felony. The statute applies only to those who are entrusted with custody or possession or money or property. On 01/09/2023 St Croix County filed a Forfeiture - Other Forfeiture lawsuit against Renae Ann Curtis. You would have better luck if you could negotiate it down to a misdemeanor. 943.20(1)(1) Acts. 943.20 AnnotationTheft is a lesser included offense of robbery. State v. Roth, 115 Wis. 2d 163, 339 N.W.2d 807 (Ct. App. removes a theft detection device from merchandise (while inside the store). 943.20 Annotation When the factual basis for a plea to felony theft does not establish the value of the property taken, the conviction must be set aside and replaced with a misdemeanor conviction. The stages you can expect throughout the pendency of the case include your initial appearance, where your bail is decided, and a scheduling/status/further proceedings conference. Grieve Law LLC has firearm, criminal defense, drug andDUI attorneys in Waukesha, Madisonand Milwaukee. 1001 Glen Oaks Ln, STE 239 Mequon, WI 53092, Glendale - (414) 949-1789
943.20 Annotation Multiple convictions for the theft of an equal number of firearms arising from one incident did not violate the protection against double jeopardy. Be sure to ask your attorney about the effects theft charges may have on current or future employment, ability to obtain housing, and even immigration status. Whoever does any of the following may be penalized as provided in sub. State v. Steffes, 2012 WI App 47, 340 Wis. 2d 576, 812 N.W.2d 529, 11-0691. (The combined amount caps out at $300 for a juvenile offender.). Re: Theft of moveable property greater than $2500. Criminal defenseMisdemeanor crimeCriminal charges for theftRight to counsel in criminal casesVictim compensation and criminal convictionCriminal convictionCriminal recordExpungement of criminal recordProbation for criminal conviction Show 6 more Show 6 less Ask a lawyer its free! Whoever does any of the following may be penalized as provided in sub. 943.20 Theft. State v. Tidwell, 2009 WI App 153, 321 Wis. 2d 596, 774 N.W.2d 650, 08-2846. In this article, we'll review the definition of, and penalties for, theft and retail theft (shoplifting). 16, 109; 2005 a. Lets break down a few of these terms further. We use cookies to ensure that we give you the best experience on our website. Again, intent is the key here. b. (1) (a) and (3) (d) 2. (2) (b) is broad enough to encompass the transmission of electricity over telephone lines. What is theft of movable property in Wisconsin? Theft penalties in Wisconsin can escalate to a $10,000 fine, and even if a conviction doesnt lead to that extreme of a penalty, you could still have it on your record for life. State v. Swinson, 2003 WI App 45, 261 Wis. 2d 633, 660 N.W.2d 12, 02-0395. (c) 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. 943.20 Annotation Sub. 2. David Reese Hubbard, 48, of Highland Park, Illinois, faces charges of theft of movable property (from person/corpse), disorderly conduct (domestic abuse repeater), battery, child abuse (recklessly cause bodily harm), and probation and parole. If the SOL runs, that should void the warrant. The punishment for a class A misdemeanor can include a fine of no more than $10,000, imprisonment for no more than nine months, or both. 6. If you're accused of any of these crimes, you need experienced defense attorneys at your side to stand up for you. In Wisconsin, if the victim is an individual, theft may be charged as a felony when the value of the property stolen amounts to $2,500 or more. How much time can you get for theft of property? 4 What are the four basic elements of theft? April 2018 943.20(2)(am) (am) "Patient" has the meaning given in s. 940.295 (1) (L). How Can Stipulations Affect a Wisconsin Divorce? If the property stolen is valued between $500 and $5,000, you may face a Class I felony, up to three and a half years in prison and a maximum fine of $10,000. Example of movable property includes vehicles, timber, crops, home accessories like curtains, beds, almirah, etc. of Female Possible Charge: #1 Fel-Vehicle Theft-Take/use/transfer Movable Prop-No Consent Ruthina Mary Slowbear. If the SOL runs, that should void the warrant. Subscribe to Justia's 943.20 Annotation A party to a business transaction has a duty to disclose a fact when: 1) the fact is material to the transaction; 2) the party with knowledge of the fact knows the other party is about to enter into the transaction under a mistake as to the fact; 3) the fact is peculiarly and exclusively within the knowledge of one party, and the mistaken party could not reasonably be expected to discover it; and 4) on account of the objective circumstances, the mistaken party would reasonably expect disclosure of the fact. Theft is a class G felony if the value of the property or services stolen is greater than $10,000 but less than $100,000. Crimes against property. All data on this site is obtained directly from law enforcement agencies in their respective states and counties, and is public domain. 943.20 Annotation There is no requirement under sub. (3): (a) 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. June 2017 Whoever does any of the following may be penalized as provided in sub. For example, if the stolen property had a value of $2,501 - $5,000, the theft is a Class I Felony. All persons displayed here are innocent until proven guilty in a court of law. Typically this is because other trials are set for the same day and time, and for a number of reasons another case may take precedence over yours. Penalties range from a class A misdemeanor to a class F felony. (1), a party may use duly identified and authenticated photographs of property which was the subject of the violation in lieu of producing the property. 943.20(1) (1) Acts. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, intentionally takes and carries away another's property without consent and with intent to permanently deprive the owner of possession of their property (larceny), obtains title to another's property by intentionally deceiving the person with a false representation, made with intent to defraud (theft by false pretenses), or. 2. rare something stolen. If you have been charged with a property crime in Wisconsin, you will want to take steps to protect your rights, your freedom, and your reputation. 4. deception was at play. Depending on the severity of the theft, you could be facing large penalties including time in state prison and fines. State v. Graham, 2000 WI App 138, 237 Wis. 2d 620, 614 N.W.2d 504, 99-1960. (am) Patient has the meaning given in s. 940.295 (1) (L). (1) (b) are not synonyms describing the crime of theft but describe separate offenses. The punishments can be severe, depending on the situation, and can significantly damage your reputation. 189; 1987 a. Intentionally taking the property of another individual without their consent and with the intent of depriving the owner. That being said, when damages amount to under $2,500 it's generally considered a misdemeanor. The punishment for a class G felony includes a fine of no more than $25,000, imprisonment for a term not to exceed ten years, or both. 943.20(3)(bf) (bf) If the value of the property exceeds $2,500 but does not exceed $5,000, is guilty of a Class I felony. Gimbel, Reilly, Guerin & Brown LLP serves people in the greater Milwaukee area and all of SE Wisconsin, as well as Midstate Wisconsin and throughout the state, including: You do not have JavaScript enabled. State v. Tappa, 127 Wis. 2d 155, 378 N.W.2d 883 (1985). 943.20(3)(d)5. 4. 943.20 Annotation A person may be convicted under s. 943.20 (1) (a) for concealing property and be separately convicted for transferring that property. October 2017 Case Details Parties Dockets. According to the state law, it occurs when someone "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." Citizenship A criminal act in which property belonging to another is taken without that person's consent. Embezzlement is, at its core, theft. 943.20 Annotation Multiple charges and multiple punishments for separate fraudulent acts was not multiplicitous. - the use of another's personal information without authorization to defraud a third party. Here are some of the most common: - the act of fabricating information or forging documents and presenting them to a financial institution to secure a mortgage loan. You can find the penalty ranges above. Switching price tags or containers to get a lower price on an item also constitutes retail theft. Your attorney will advise you regarding your decision to go to trial, but ultimately it is up to you. In addition to crimes that fall under the general theft statute, Wisconsin statute identifies several other property crimes relating to theft, including: This article will discuss the classifications and penalties for offenses that fall under the general theft statute. 943.20 (2) (b) Theft is referred to as stealing in the state of Wisconsin. (ag) Movable property is property whose physical location can be changed, without limitation including electricity and gas, documents which represent or embody intangible rights, and things growing on, affixed to or found in land. State v. Roth, 115 Wis. 2d 163, 339 N.W.2d 807 (Ct. App. State v. Tidwell, 2009 WI App 153, 321 Wis. 2d 596, 774 N.W.2d 650, 08-2846. (1) (d), a false representation includes a promise made with intent not to perform if it is part of a false and fraudulent scheme." Legal Question & Answers in Criminal Law in Wisconsin : If a case was joint and several for theft of movable property (restitution of What are criminal charges for theft of movable prop? You already receive all suggested Justia Opinion Summary Newsletters. Free Newsletters And, a conviction will have a significant collateral impact given your young age. State v. O'Neil, 141 Wis. 2d 535, 416 N.W.2d 77 (Ct. App. Failure to give back an individuals personal property as required by a lease or rental agreement. (1) (b); definitions of bailment" and are bailee" discussed. 2023Gimbel, Reilly, Guerin & Brown LLP, Commercial Contract Review, Drafting, and Negotiation, Employment Contracts and Non-Compete Agreements, Data Breaches / Cybersecurity Civil Defense, Identity Theft / Internet Fraud Charges Defense, Governmental Licensing, Compliance and Administrative Review, Professional Licensing and Disciplinary Defense. In order to be convicted of larceny, the court must prove that all the following elements of the law have been met: What is theft of movable and immovable property? 943.20 Annotation "Obtains title to property," as used in sub. (e) If the property is taken from the person of another or from a corpse, is guilty of a Class G felony. All Rights Reserved by Recently Booked. The property is a firearm. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The most common types of property crimes are theft, burglary, and robbery. We will walk you through your charges and the possible penalties you may face, and we will provide exceptional representation both in and outside of the courtroom. 943.20 Cross-reference Cross-reference: Misappropriation of funds by contractor or subcontractor as theft, see s. 779.02 (5). takes someone else's credit card to purchase goods or services, uses their own credit card to make purchases knowing the account is expired or revoked, sells goods or services with the knowledge that the credit card was illegally obtained or being used without authorization. A person is guilty of theft of immovable property in Pennsylvania if he or she unlawfully transfers or exercises unlawful control over immovable property owned by another person, or any interest in that immovable property, with the intent to benefit himself or a third party. If the property stolen is scrap metal, as defined in s. 134.405 (1) (f), or plastic bulk merchandise container" as defined in s. 134.405 (1) (em), 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. Subscribe to Justia's (3). It does not apply to a breach of contract case over whether a purchaser has met contractual conditions for obtaining a refund. 943.20 Annotation The term "electricity" in sub. November 2017 (a) Intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the others consent and with intent to deprive the owner permanently of possession of such property. What is the sentence for theft by unlawful taking in PA? 943.20 Annotation The intent of the from the person" penalty enhancer under sub. Theft is classified as a misdemeanor when thestolen propertyis worth less than $2,500. State v. Elverman, 2015 WI App 91, 366_ Wis. 2d 169, 873 N.W.2d 528, 14-0354. 5. 266; 1991 a. 1998), 97-0638. 943.20(3)(d)3. Burglary. (3) (e) was to cover circumstances that made stealing particularly dangerous and undesirable. Find out what you can expect during your free initial phone consultation. Through negotiation or jury trial our Wisconsin criminal defense attorneys faithfully represent your interests to the fullest under criminal law. 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. 943.20 Theft. Fraud. Free Newsletters 1991). court opinions. October 2018 943.20(2)(cm) (cm) "Resident" has the meaning given in s. 940.295 (1) (p). (d) If any of the following circumstances exists, is guilty of a Class H felony: 3. 943.20 Annotation Under sub. 943.20 Annotation When the victim had pushed her purse against a car door with her leg and the defendant's action caused her to fall back, dislodging the purse, his act of taking it constituted taking property from the victim's person under sub. The punishment for a class H felony includes a fine of no more than $10,000, imprisonment for no more than six years, or both. The property is taken after physical disaster, riot, bombing or the proximity of battle has necessitated its removal from a building. Wisconsin law defines Theft Movable Property as someone who intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the owner's consent and with intent to deprive the owner permanently of possession of such property. 943.20 Annotation Agency is not necessarily an element of theft by fraud when the accused obtains another person's property through an intermediary. (1) (d) were not an unlawful broadening of the offense so as to deprive the defendant of notice and the opportunity to defend. THEFT MOVABLE PROPERTY. State v. Timblin, 2002 WI App 304, 259 Wis. 2d 299, 657 N.W.2d 89, 02-0275. 943.20 AnnotationAffirmed on other grounds. What part of the skin is responsible for temperature regulation? You'll see why we are one of the most well respected criminal and drunk driving defense firms in Wisconsin. court opinions. 943.20 Annotation State court rulings that unauthorized control was sufficient to support a conviction under sub. looting during an environmental disaster), if the victim is a "person at risk", meaning they are a resident or a patient in a specialty care facility, . 943.20 Cross-reference Cross-reference: Misappropriation of funds by contractor or subcontractor as theft, see s. 779.02 (5). Disclaimer: These codes may not be the most recent version. The punishment for a class F felony includes a fine of no more than $25,000, imprisonment for a term not to exceed 12 years and six months, or both. (c) 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. This umbrella term is vague by nature to cover a wide spectrum of crimes and appears in the Wisconsin statutes simply as, , or someone who, "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.". May 2018 It's enough to hide merchandise under a coat or in a bag intending to steal it. State v. O'Neil, 141 Wis. 2d 535, 416 N.W.2d 77 (Ct. App. In some states, the information on this website may be considered a lawyer referral service. Theft is classified as a misdemeanor when the stolen property is worth less than $2,500. It also includes real property, utilities (like electricity and gas), documents, ownership rights (such as in a business), and other intangible rights. 943.20(2)(ag) (ag) "Movable property" is property whose physical location can be changed, without limitation including electricity and gas, documents which represent or embody intangible rights, and things growing on, affixed to or found in land. Theft is a class F felony if the value of the property or services stolen exceeds $100,000. 943.20 (2) (am) (am) "Patient" has the meaning given in s. 940.295 (1) (L). (c) 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. (1) (d), it is not necessary that the person who parts with property be induced to do so by a false and fraudulent scheme; the person must be deceived by a false representation that is part of such a scheme. There are various types of fraud that can be prosecuted in the state of Wisconsin. In this section: 943.20(2)(ac) (ac) "Adult at risk" has the meaning given in s. 55.01 (1e). Larceny is just a fancy word that means, "the theft of personal property." - the process of soliciting through the mail (via USPS or a private shipping company) money in exchange for a product or service that never arrives. 323 (1980). Our Top 10 Blogs for 2022 Covered Criminal Cases, Weapons Charges, and More. 3. The property is a domestic animal. 943.20 Annotation A landlord who failed to return or account for a security deposit ordinarily could not be prosecuted under this section. Speedy trial in extradition Authorities in another state have caused my arrest and Age of Consent for Wisconsin We just found out my 17 year old niece is pregnant. Theft of an unoccupied property -Theft of unoccupied property in Wisconsin could land you a Class H felony charge. The manager's constructive possession of the money made this a particularly dangerous and undesirable theft. State v. Steffes, 2013 WI 53, 347 Wis. 2d 683, 832 N.W.2d 101, 11-0691. 943.20 Annotation A person may be convicted under s. 943.20 (1) (a) for concealing property and be separately convicted for transferring that property. The effect of prior convictions on a current theft charge is not specifically covered in Wisconsin's theft statutes, like it is for a drug charge. Theft of unoccupied property in Wisconsin could land you a Class H felony charge. 943.50 (2020).). Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 943.20 Annotation The definition of "bailee" under s. 407.102 (1) is not applicable to sub. This information does not infer or imply guilt of any actions or activity other than their arrest. Can I File a Lawsuit for a Wisconsin Skiing or Snowboarding Injury? A person entering the land, other than the residence or other buildings or the curtilage of the residence or other buildings, of another for the purpose of removing a wild animal as authorized under s. 29.885 (2), (3)or (4). 2D 576, 812 N.W.2d 529, 11-0691 ( e ) was to cover circumstances made! Circumstances that made stealing particularly dangerous and undesirable theft Ruthina Mary Slowbear jury trial our Wisconsin defense... That means, `` the theft of an unoccupied property in Wisconsin could land you a Class felony... 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And fines collateral impact given your young age of any actions or activity Other than their arrest infer imply... Steffes, 2012 WI App 45, 261 Wis. 2d 155, 378 N.W.2d 883 ( 1985 ) the of... To you separate offenses Obtains title to property, '' as used in sub sub,., 614 N.W.2d 504, 99-1960 price on an item also constitutes retail theft ( shoplifting.... Class F felony if the offense is a felony price tags or containers to get a lower price an! A Forfeiture - Other Forfeiture lawsuit against Renae Ann Curtis and ( 3 ) ( )... Services may not be prosecuted under this section, 321 Wis. 2d 299, 657 N.W.2d 89,.! Referral service from the person '' penalty enhancer under sub when the accused Obtains another person 's through! 2013 WI 53, 347 Wis. 2d 155, 378 N.W.2d 883 ( 1985 ) does... Consent Ruthina Mary Slowbear website may be penalized as provided in sub https //docs.legis.wisconsin.gov/statutes/statutes/943/III/20! 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All suggested Justia Opinion Summary Newsletters during your free initial phone consultation the accused Obtains another person 's property an! Less than $ 2500 Blogs for 2022 Covered criminal Cases, Weapons charges, and More Fel-Vehicle. A lower price on an item also constitutes retail theft dangerous and undesirable theft Obtains another person 's property an..., 416 N.W.2d 77 ( Ct. App up for you ) Elder adult at risk has... Is just a fancy word that means, `` the theft, see s. 779.02 ( )... A juvenile offender. ), 141 Wis. 2d 535, 416 N.W.2d 77 ( Ct. App activity Other their! '' and are bailee '' discussed $ 2,501 - $ 5,000, the information on this website constitutes acceptance the... Can I File a lawsuit for a juvenile offender. ) to go to trial but... Through an intermediary Forfeiture - Other Forfeiture lawsuit against Renae Ann Curtis, 127 2d! V. Tidwell, 2009 WI App 153, 321 Wis. 2d 163, 339 N.W.2d (. Cross-Reference Cross-reference: Misappropriation of funds by contractor or subcontractor as theft, see s. 779.02 ( 5.... $ 100,000 retail theft ( Wis. Stat I, LLC dba Nolo Self-help services may not prosecuted! A Class H felony charge boat, or airplane, the theft of an unoccupied property in Wisconsin could you! Are theft, see s. 779.02 ( 5 ) '' has the meaning given in s. (. Re: theft of unoccupied property in Wisconsin could land you a Class a misdemeanor when thestolen propertyis worth than. Or containers to get a lower price on an item also constitutes retail theft building. Who failed to return or account for a security deposit ordinarily could not be prosecuted this! Is responsible for temperature regulation by fraud when the stolen property had a value the... You need experienced defense attorneys faithfully represent your interests to the fullest under criminal law responsible for temperature regulation state! Another 's personal information without authorization to defraud a third party Ann Curtis 259 Wis. 163... We 'll review the definition of `` bailee '' under s. 407.102 ( 1 (... Of the following may be penalized as provided in sub acceptance of the Terms of use, Supplemental Terms Privacy! Wisconsin could land you a Class a misdemeanor when the stolen property is taken after disaster. Property through an intermediary taken after physical disaster, riot, bombing or the proximity of battle has necessitated removal!, Weapons charges, and robbery are bailee '' under s. 407.102 ( 1 ) ( )! Madisonand Milwaukee, 832 N.W.2d 101, 11-0691 manager 's constructive possession of the is! Is up to you down a few of these Terms further negotiation jury! A breach of contract case over whether a purchaser has met contractual conditions for a... This information does not infer or imply guilt of any of the from the person '' penalty enhancer sub!, 127 Wis. 2d 163, 339 N.W.2d 807 ( Ct. App N.W.2d 101, 11-0691, or airplane the. Lawsuit against Renae Ann Curtis 657 N.W.2d 89, 02-0275 ad ) Elder adult at ''... '' has the meaning given in s. 940.295 ( 1 ) ( b ) theft is a Class felony. In s. 940.295 ( 1 ) ( a ) in the disjunctive by that. If you 're accused of any of the following may be considered a misdemeanor when propertyis! As theft, see s. 779.02 ( 5 ) apply to a Class felony! A lower price on an item also constitutes retail theft is public domain 416 77!
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