En Español
National Domestic Violence Hotline: 1-800-799-SAFE (7233) or (TTY) 1-800-787-3224

Legal Statutes: Wisconsin

UPDATED August 7, 2017

Back to Wisconsin overview

Subchapter III. Misappropriation

back to top943.201 Unauthorized use of an individual’s personal identifying information or documents

(1)  In this section:(a)  “Personal identification document” means any of the following:

1.  A document containing personal identifying information.

2.  An individual’s card or plate, if it can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value or benefit, or if it can be used to initiate a transfer of funds.

3.  Any other device that is unique to, assigned to, or belongs to an individual and that is intended to be used to access services, funds, or benefits of any kind to which the individual is entitled.

(b)  “Personal identifying information” means any of the following information:

1.  An individual’s name.

2.  An individual’s address.

3.  An individual’s telephone number.

4.  The unique identifying driver number assigned to the individual by the department of transportation under s. 343.17 (3) (a) 4.

5.  An individual’s social security number.

6.  An individual’s employer or place of employment.

7.  An identification number assigned to an individual by his or her employer.

8.  The maiden name of an individual’s mother.

9.  The identifying number of a depository account, as defined in s. 815.18 (2) (e), of an individual.

10.  An individual’s taxpayer identification number.

11.  An individual’s deoxyribonucleic acid profile, as defined in s. 939.74 (2d) (a).

12.  Any of the following, if it can be used, alone or in conjunction with any access device, to obtain money, goods, services, or any other thing of value or benefit, or if it can be used to initiate a transfer of funds:

a.  An individual’s code or account number.

b.  An individual’s electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier.

c.  Any other means of account access.

13.  An individual’s unique biometric data, including fingerprint, voice print, retina or iris image, or any other unique physical representation.

14.  Any other information or data that is unique to, assigned to, or belongs to an individual and that is intended to be used to access services, funds, or benefits of any kind to which the individual is entitled.

15.  Any other information that can be associated with a particular individual through one or more identifiers or other information or circumstances.

(2)  Whoever, for any of the following purposes, intentionally uses, attempts to use, or possesses with intent to use any personal identifying information or personal identification document of an individual, including a deceased individual, without the authorization or consent of the individual and by representing that he or she is the individual, that he or she is acting with the authorization or consent of the individual, or that the information or document belongs to him or her is guilty of a Class H felony:

(a)  To obtain credit, money, goods, services, employment, or any other thing of value or benefit.

(b)  To avoid civil or criminal process or penalty.

(c)  To harm the reputation, property, person, or estate of the individual.

(3)  It is an affirmative defense to a prosecution under this section that the defendant was authorized by law to engage in the conduct that is the subject of the prosecution. A defendant who raises this affirmative defense has the burden of proving the defense by a preponderance of the evidence.

(4)  If an individual reports to a law enforcement agency for the jurisdiction which is the individual’s residence that personal identifying information or a personal identifying document belonging to the individual reasonably appears to be in the possession of another in violation of this section or that another has used or has attempted to use it in violation of this section, the agency shall prepare a report on the alleged violation. If the law enforcement agency concludes that it appears not to have jurisdiction to investigate the violation, it shall inform the individual which law enforcement agency may have jurisdiction. A copy of a report prepared under this subsection shall be furnished upon request to the individual who made the request, subject to payment of any reasonable fee for the copy.

1997 a. 101; 2001 a. 109; 2003 a. 36.