Attorney's Note

Under the Wisconsin Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class I felonyup to 3 years 6 monthsup to $10,000
Class A misdemeanorup to 9 monthsup to $10,000
Class B misdemeanorup to 90 daysup to $1,000
Class C misdemeanorup to 30 daysup to $500
For details, see § 939.50 and § 939.51

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Terms Used In Wisconsin Statutes 943.45

  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
  • Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
  • State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
   (1)    No person may intentionally obtain or attempt to obtain telecommunications service, as defined in s. 182.017 (1g) (cq), by any of the following means:
      (a)    Charging such service to an existing telephone number or credit card number without the consent of the subscriber thereto or the legitimate holder thereof.
      (b)    Charging such service to a false, fictitious, suspended, terminated, expired, canceled or revoked telephone number or credit card number.
      (c)    Rearranging, tampering with or making connection with any facilities or equipment.
      (d)    Using a code, prearranged scheme, or other stratagem or device whereby said person in effect sends or receives information.
      (e)    Using any other contrivance, device or means to avoid payment of the lawful charges, in whole or in part, for such service.
   (2)   This section shall apply when the said telecommunications service either originates or terminates, or both, in this state, or when the charges for said telecommunications service would have been billable, in normal course, by a person providing telecommunications service in this state, but for the fact that said service was obtained, or attempted to be obtained, by one or more of the means set forth in sub. (1).
   (3)   The following penalties apply to violations of this section:
      (a)    Except as provided in pars. (b) to (d), any person who violates sub. (1) is guilty of a Class C misdemeanor.
      (b)    Except as provided in pars. (c) and (d), any person who violates sub. (1) as a 2nd or subsequent offense is guilty of a Class B misdemeanor.
      (c)    Except as provided in par. (d), any person who violates sub. (1) for direct or indirect commercial advantage or private financial gain is guilty of a Class A misdemeanor.
      (d)    Any person who violates sub. (1) for direct or indirect commercial advantage or private financial gain as a 2nd or subsequent offense is guilty of a Class I felony.