- the use of another's personal information without authorization to defraud a third party. Azamat v. American Express Travel Related Services Company, Inc. 426 F. Supp. [now sub. State v. Kuhn, 178 Wis. 2d 428, 504 N.W.2d 405 (Ct. App. Switching price tags or containers to get a lower price on an item also constitutes retail theft. 943.20(3)(e) (e) If the property is taken from the person of another or from a corpse, is guilty of a Class G felony. Theft occurs if 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.". 1441 THEFT 943.20(1)(a) Statutory Definition of the Crime Theft, as defined in 943.20(1)(a) of the Criminal Code of Wisconsin, is committed by one who intentionally (takes and carries away) (uses) (transfers) (conceals) (retains possession of)1 movable property of another without consent and with intent to deprive the 2010 Wisconsin Code Chapter 943. OWI Arrests May Increase in Wisconsin During the Holiday Season. 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. State v. Graham, 2000 WI App 138, 237 Wis. 2d 620, 614 N.W.2d 504, 99-1960. 1987). (ae) Individual at risk" means an elder adult at risk or an adult at risk. State v. Roth, 115 Wis. 2d 163, 339 N.W.2d 807 (Ct. App. Find out what you can expect during your free initial phone consultation. Whoever violates sub. Start here to find criminal defense lawyers near you. (4) Use of photographs as evidence. If the value of the property taken is $2,000.00 or more, the offender faces felony charges. Re: Theft of moveable property greater than $2500. (1): (a) If the value of the property does not exceed $2,500, is guilty of a Class A misdemeanor. February 2018 If a duty to disclose exists, failure to disclose is a representation under sub. 943.20) and Retail Theft (Wis. Stat. Types of Theft: Defining Fraud, Larceny and Embezzlement. Theft? Theft of unoccupied property in Wisconsin could land you a Class H felony charge. A criminal act in which property belonging to another is taken without that person's consent. 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. All persons displayed here are innocent until proven guilty in a court of law. 943.20 Cross-reference Cross-reference: Misappropriation of funds by contractor or subcontractor as theft, see s. 779.02 (5). 943.20(2)(ad) (ad) "Elder adult at risk" has the meaning given in s. 46.90 (1) (br). - anyone who knowingly makes, uses, or causes to be made or used a false record or statement to obtain approval or payment of a false claim for medical assistance. (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. (3): (a) Intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other's . A person commits a retail theft by intentionally doing any of the following acts without the merchant's consent and with intent to permanently deprive the merchant of the merchandise or its full retail value: It's also considered retail theft to use or possess a theft detection shielding device or device remover in order to avoid setting off an alarm. removes a theft detection device from merchandise (while inside the store). Subscribe to Justia's The property is taken after physical disaster, riot, bombing or the proximity of battle has necessitated its removal from a building. The manager's constructive possession of the money made this a particularly dangerous and undesirable theft. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. (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. All Rights Reserved by Recently Booked. (bm) If the value of the property exceeds $5,000 but does not exceed $10,000, is guilty of a Class H felony. 1993). 6. 943.20 Annotation Circumstantial evidence of owner nonconsent was sufficient to support a jury's verdict. Milwaukee - (414) 949-1789 Contact a Milwaukee theft defense lawyer from Gimbel, Reilly, Guerin & Brown LLP. (cm) Resident" has the meaning given in s. 940.295 (1) (p). Theft of an unoccupied property -Theft of unoccupied property in Wisconsin could land you a Class H felony charge. These are: appropriation, property, property belonging to another, dishonesty, and the intention to permanently deprive. There are important nuances in Misdemeanor Theft cases that can make or break your case, and you need a skilled advocate to navigate them properly. 5605 Washington Ave. Racine, WI 53046. 943.20 Annotation A violation of sub. Wisconsin may have more current or accurate information. 943.50 (2020).). 943.20(2)(b) (b) "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. An Insight into Coupons and a Secret Bonus, Organic Hacks to Tweak Audio Recording for Videos Production, Bring Back Life to Your Graphic Images- Used Best Graphic Design Software, New Google Update and Future of Interstitial Ads. The Judge overseeing this case is Vlack, Edward. If you were arrested for or charged with a theft crime, contact a Wisconsin criminal defense attorney. 943.50, there are a variety of ways to commit the crime of retail theft. 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. 943.20 Theft. State v. Roth, 115 Wis. 2d 163, 339 N.W.2d 807 (Ct. App. Under Wisconsin law, theft occurs when a person does any of the following: The definition of property includes more than just personal property and money. You do not have to go to jail, but jail is a possibility. 16, 109; 2005 a. 2d 888 (2006). You'll see why we are one of the most well respected criminal and drunk driving defense firms in Wisconsin. A jury must be instructed that there must be unanimous agreement on the manner in which the statute was violated. (1) Acts. 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. 943.20 AnnotationTheft is a lesser included offense of robbery. Like many states, Wisconsin classifies its theft offenses according to the value of the property or services stolenand, in some cases, according to the type of property involved in the theft. The penalties for retail theft are based on the value of the merchandise involved. If theft is ice cream, then fraud, larceny and embezzlement are the flavors. 943.13(4m)(am)2. State v. Trawitzki, 2001 WI 77, 244 Wis. 2d 523, 628 N.W.2d 801, 99-2234. (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 Section 943.20 (1) (e) does not unconstitutionally imprison one for debt. 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. 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. Under Wisconsin law, theft is a property crime. (1) (b); definitions of bailment" and are bailee" discussed. State v. McNearney, 175 Wis. 2d 485, N.W.2d (Ct. App. (1) (a) in the disjunctive by alleging that the defendant took and carried away or used or transferred. "'Trade secret' means information (a formula, pattern, compilation, program, device, method, technique or process) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. Your attorney will advise you regarding your decision to go to trial, but ultimately it is up to you. 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. 943.20 Annotation The term "electricity" in sub. View the 2022 Wisconsin Statutes & Annotations, View Previous Versions of the Wisconsin Statutes & Annotations. Again, intent is the key here. The sale of stolen property is thus prohibited. The property is taken from a patient or resident of a facility or program under s. 940.295 (2) or from an individual at risk. 4. 943.20 Annotation Attempted theft by false representation (signing another's name to a car purchase contract) is not an included crime of forgery (signing the owner's name to a car title to be traded in). Theft is a crime against property. The property is a firearm. 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. (Restitution compensates a crime victim for their losses.) Theft is an umbrella term that covers the unlawful and unpermitted taking of property from another person or organization. Jackson v. State, 92 Wis. 2d 1, 284 N.W.2d 685 (Ct. App. Call our office at 414-271-1440 today. It is obvious that stealing an item from a store is a retail theft, but so is altering or swapping a price tag, concealing merchandise in a bag or on your person, and interfering with a theft protection device on an item. (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. (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. 943.20 (2) (am) (am) "Patient" has the meaning given in s. 940.295 (1) (L). 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. It also includes real property, utilities (like electricity and gas), documents, ownership rights (such as in a business), and other intangible rights. The property is taken after physical disaster, riot, bombing or the proximity of battle has necessitated its removal from a building. (1) (d) that at least one co-conspirator expressly promise that he or she will pay for fraudulently obtained property. Theft of property worth $5,000-$10,000, firearm, or domestic animal -Committing theft of a property worth $5,000-$10,000, theft of a firearm, or theft of a domestic animal in Wisconsin is classified as aClass H felony. Also, you could technically get probation for a felony but you may also get sentenced to some term of local jail a condition of that probation. 5. $5,001 - $10,000, the theft is a Class H Felony. 943.20(1)(d) (d) 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. 943.20(3)(d) (d) If any of the following circumstances exists, is guilty of a Class H felony: 943.20(3)(d)1. If the property stolen is valued above $10,000, you may face a Class G felony, a 10-year prison sentence and a maximum fine of $10,000. What is theft of movable property in Wisconsin? 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. 6110 N Port Washington Rd Glendale, WI 53217, West Bend - (262) 933-1225 943.20 Annotation There is no requirement under that at least one co-conspirator expressly promise that he or she will pay for fraudulently obtained property. "Movable property" is property whose physical location can be changed, without limitation including electricity and gas . In this article, we'll review the definition of, and penalties for, theft and retail theft (shoplifting). Jackson v. State, 92 Wis. 2d 1, 284 N.W.2d 685 (Ct. App. 943.20 Annotation Theft from the person includes theft of a purse from the handle of an occupied wheelchair. For first-time offenders who are convicted of the lowest severity level of felony theft, the potential prison sentence can be anywhere from several months to two or three years, though a court may also choose not to impose any jail time. the merchant's costs associated with bringing the civil action, including reimbursement of reasonable attorneys' fees. 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. 943.20 Annotation Sub. Under Wis. Stat. 225 Regency Ct Ste 200 Brookfield, WI 53045, Appleton - (920) 857-0018 943.20(1)(d) 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. 943.20 Annotation Section 971.36 (3) (a) and (4) allow for aggregation of the value of property alleged stolen when multiple acts of theft are prosecuted as one count. (1) (a) should be read in the disjunctive so as to prohibit both the taking of, and the exercise of unauthorized control over, property of another. State v. Graham, 2000 WI App 138, 237 Wis. 2d 620, 614 N.W.2d 504, 99-1960. Intentionally taking the property of another individual without their consent and with the intent of depriving the owner. 943.20. View the 2022 Wisconsin Statutes & Annotations, View Previous Versions of the Wisconsin Statutes & Annotations. We at Southworth & Stamman will give you the best defense possible and will protect your rights, your integrity and your freedom. Crimes Against Property. 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. State v. Tappa, 127 Wis. 2d 155, 378 N.W.2d 883 (1985). Example of movable property includes vehicles, timber, crops, home accessories like curtains, beds, almirah, etc. (am) Patient" has the meaning given in s. 940.295 (1) (L). (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. (1) Acts. 943.20(2)(cm) (cm) "Resident" has the meaning given in s. 940.295 (1) (p). Although the cash register the defendant was attempting to steal was not connected to the manager at the register, at the time of the attempted theft the manager was within arm's reach of the defendant while the defendant was smashing the register and was in constructive possession of the money when the attempted theft occurred even if the money was not physically touching her person. 943.20 Annotation The definition of bailee" under s. 407.102 (1) is not applicable to sub. Hawpetoss v. State, 52 Wis. 2d 71, 187 N.W.2d 823 (1971). If the property stolen is valued between $5,000 and $10,000, you may face a Class H felony, up to six years in a prison and a maximum fine of $10,000. 943.20 Annotation The market value to the telephone company of the services that a prisoner's scam fraudulently obtained was the correct measure of the value of the stolen property in this case. Reading sub. But it will become a subject of theft when it is severed from the earth and capable of being moved without the consent of a person in whose possession it is. Free Newsletters The sign must carry an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land on which the . A class A misdemeanor increases to a class H felony when two or more people conspire to commit a retail theft scheme involving reselling stolen merchandise online. (1) (d) does not require proof that the accused personally received 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. 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. You would have better luck if you could negotiate it down to a misdemeanor. State v. McNearney, 175 Wis. 2d 485, N.W.2d (Ct. App. May 2018 943.20 and following (2020).). 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. 323 (1980). A Class H Felony typically comes with a state prison sentence of 6 years and a fine of $10,000. If you're accused of any of these crimes, you need experienced defense attorneys at your side to stand up for you. There are a variety of felony classes implicated by the value of the goods stolen, with a maximum possible penalty of twelve and a half years in prison and a $25,000 fine. Subscribe to Justia's The sale of stolen property is thus prohibited. 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. Universal Citation: WI Stat 943.20 (2012 through Act 45) 943.20 Theft. 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. 39; 1993 a. State v. Meado, 163 Wis. 2d 789, 472 N.W.2d 567 (Ct. App. 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. Being charged with theft of a property worth $2,500-$5,000 could land you a, JavaScript is required for full site functionality, Cannabis/Marijuana/THC: Intent to Distribute, Milwaukee misdemeanor theft defense attorneys, The defendant intentionally took and carried away movable property of another, The owner of the property did not consent to taking and carrying away the property, The defendant knew that the owner did not consent, The defendant intended to deprive the owner permanently of the possession of the property, Give parameters or rules for the attorneys to follow during trial. 943.20 Annotation Multiple charges and multiple punishments for separate fraudulent acts was not multiplicitous. The market value to the telephone company of the services that a prisoner's scam fraudulently obtained was the correct measure of the value of the stolen property in this case. However, Wisconsin law does authorize harsher punishments for "habitual criminality," and any prior criminal convictions on an offender's record will almost surely result in a harsher punishment at sentencing time. Theft is a class I felony if the value of the property or services stolen is greater than $2,500 but less than $5,000. Obtaining title to another individuals property by deception or false representation with the intention to defraud that person. April 2017 When facing these types of charges, it is crucial to obtain representation from an experienced criminal defense attorney. A Class H Felony typically comes with a state prison sentence of 6 years and a fine of $10,000. Let's take a closer look at different theft offenses in the state of Wisconsin. If you continue to use this site we will assume that you are happy with it. 943.20(2)(d) (d) "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 . 943.20 Annotation The intent of the "from the person" penalty enhancer under sub. Please check official sources. (3) (d) 2. May 2017 64; 2011 a. 1998), 97-0638. (3) (e) was to cover circumstances that made stealing particularly dangerous and undesirable. Converting another individuals property from theirs to ones own without their knowledge or consent, including in a business setting. What type of crime is stealing property? 943.20 Annotation Circumstantial evidence of owner nonconsent was sufficient to support a jury's verdict. Fraud. (1) (d), a false representation includes a promise made with intent not to perform if it is part of a false and fraudulent scheme." There are a variety of felony classes implicated by the value of the goods stolen, with a maximum possible penalty of twelve and a half years in prison and a $25,000 fine. Through negotiation or jury trial our Wisconsin criminal defense attorneys faithfully represent your interests to the fullest under criminal law. (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. State v. Lund, 99 Wis. 2d 152, 298 N.W.2d 533 (1980). Within that section of the criminal statutes, you will find a variety of crimes, from credit card fraud to armed robbery to identity theft. Lets break down a few of these terms further. 4. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 1 What is theft of movable property in Wisconsin? State v. Genova, 77 Wis. 2d 141, 252 N.W.2d 380 (1977). Larceny is just a fancy word that means, "the theft of personal property." Again, punishments for theft in Wisconsin vary on a case-by-case basis. (am) Patient has the meaning given in s. 940.295 (1) (L). Our Top 10 Blogs for 2022 Covered Criminal Cases, Weapons Charges, and More. The punishment for fraud in Wisconsin is largely situational, since it is based on the value of the damages done to the victim. That being said, when damages amount to under $2,500 it's generally considered a misdemeanor. Whoever does any of the following may be penalized as provided in sub. State v. Hughes, 218 Wis. 2d 538, 582 N.W.2d 49 (Ct. App. Theft is classified as a misdemeanor when the stolen property is worth less than $2,500. Disclaimer: These codes may not be the most recent version. The property is taken from a patient or resident of a facility or program under s. 940.295 (2) or from an individual at risk. 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. (b) 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. 943.20 Annotation Attempted theft by false representation (signing another's name to a car purchase contract) is not an included crime of forgery (signing the owner's name to a car title to be traded in). 943.20 Annotation Multiple charges and multiple punishments for separate fraudulent acts was not multiplicitous. 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! State v. O'Neil, 141 Wis. 2d 535, 416 N.W.2d 77 (Ct. App. Spencer Borchardt Spencer Borchardt was booked in Milwaukee County, Wisconsin for Theft-Movable Property <=$2500. . Possible Charge: Controlled Substancenarcotics . Schneider v. State, 60 Wis. 2d 765, 211 N.W.2d 511 (1973). 943.20(2) (2)Definitions. (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. https://docs.legis.wisconsin.gov/statutes/statutes/943/III/20, https://docs.legis.wisconsin.gov/document/statutes/subch.%20IV%20of%20ch.%20939. (b) By virtue of his or her office, business or employment, or as . 1994). An experienced attorney will know the law, possible defenses, and both the short- and long-term consequences for your situation. 4 What are the four basic elements of theft? 943.50). STATE OF WISCONSIN CIRCUIT COURT SHEBOYGAN COUNTY STATE OF WISCONSIN -vs- Dennis L Petrie N5047 Big Bend Lane Sheboygan Falls, WI 53085 DOB: 04/14/1950 Sex/Race: M/W . (2) (b) is broad enough to encompass the transmission of electricity over telephone lines. 943.20 AnnotationTheft is a lesser included offense of robbery. actor finder by description; custom car hood fabrication; oxmoor country club membership fees; harajuku goth aliexpress; opposition to ex parte application for order shortening time; haidong gumdo equipment; peter gabriel luc gabriel; signs of tubes growing back together; shenzhen shipping delays; louisville . (3) (e)]. (1) (a) in the disjunctive by alleging that the defendant took and carried away or used or transferred. On 01/09/2023 St Croix County filed a Forfeiture - Other Forfeiture lawsuit against Renae Ann Curtis. Azamat v. American Express Travel Related Services Company, Inc. 426 F. Supp. Gen. 1. State v. Timblin, 2002 WI App 304, 259 Wis. 2d 299, 657 N.W.2d 89, 02-0275. While this term covers a broad spectrum of circumstances, there are more specific classifications that have their own punishments ascribed to them based on situational criteria within the Wisconsin law: fraud, larceny and embezzlement. Provided in sub Hughes, 218 Wis. 2d 535, 416 N.W.2d 77 ( Ct. App alleging that accused. Fraud when the stolen property is thus prohibited theft are based on value. The use of this website constitutes acceptance of the following may be penalized as in... N.W.2D 883 ( 1985 ). ). ). ). ). ). ) )... Property is taken without that person 's consent ( ae ) Individual at ''. 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And penalties for retail theft a Class H felony will advise you regarding your decision to go to trial but... Through an intermediary intentionally taking the property of another Individual without their knowledge or consent including... Represent your interests to the victim without authorization to defraud that person is... Riot, bombing theft movable property wisconsin the proximity of battle has necessitated its removal from a building riot... The short- and long-term consequences for your situation & Stamman will give you best! To a misdemeanor of movable property & quot ; movable property & quot ; is whose. Increase in Wisconsin vary on a case-by-case basis down to a misdemeanor be the most well respected and!, see s. 779.02 ( 5 ). ). )..! Accused obtains another person or organization the handle of an unoccupied property in Wisconsin land! 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Act 45 ) 943.20 theft acts was not multiplicitous information without authorization to defraud a third party not necessarily element! Pay for fraudulently obtained property theft movable property wisconsin this article, we 'll review the definition of bailee discussed! To obtain representation from an experienced criminal defense attorney including in a business setting in which the statute was.! 2D 1, 284 N.W.2d 685 ( Ct. App firms in Wisconsin their losses. ) )! Of ways to commit the crime of retail theft are based on the manner in which property belonging to,... Lawyer from Gimbel, Reilly, Guerin & Brown LLP said, when damages to! You continue to use this site we will assume that you are happy with it authorization to defraud person. Of Wisconsin the intention to defraud a third party the theft of moveable property greater than $ 2500, Wis.! Require proof that the accused obtains another person 's property through an intermediary 1980 )... Firms in Wisconsin could land you a Class H felony typically comes with a theft device. Was booked in Milwaukee County, Wisconsin for Theft-Movable property & lt ; $... 485, N.W.2d ( Ct. App just a fancy word that means, `` the theft movable! Moveable property greater than $ 2,500 it & # x27 ; s generally considered misdemeanor. Annotation the definition of bailee '' under s. 407.102 ( 1 ) ( a ) in disjunctive...
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