Wisconsin Statutes
Wis. Stat. § 943.201 (2026)
Unauthorized use of an individual’s personal identifying information or documents
✓ current as of July 2026
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943.201(1)(a)2.2. 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.
943.201(1)(a)3.3. 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.
943.201(1)(b)4.4. The unique identifying driver number assigned to the individual by the department of transportation under s. 343.17 (3) (a) 4.
943.201(1)(b)9.9. The identifying number of a depository account, as defined in s. 815.18 (2) (e), of an individual.
943.201(1)(b)11.11. An individual’s deoxyribonucleic acid profile, as defined in s. 939.74 (2d) (a).
943.201(1)(b)12.12. 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:
943.201(1)(b)12.b.b. An individual’s electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier.
943.201(1)(b)13.13. An individual’s unique biometric data, including fingerprint, voice print, retina or iris image, or any other unique physical representation.
943.201(1)(b)14.14. 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.
943.201(1)(b)15.15. Any other information that can be associated with a particular individual through one or more identifiers or other information or circumstances.
943.201(2)(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:
943.201(2)(a)(a) To obtain credit, money, goods, services, employment, or any other thing of value or benefit.
943.201(3)(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.
943.201(4)(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.
943.201 AnnotationA violation of sub. (2) is a continuing offense. State v. Ramirez, 2001 WI App 158, 246 Wis. 2d 802, 633 N.W.2d 656, 00-2605.
943.201 AnnotationBecause bail is statutorily defined as “monetary conditions of release,” and can be expressed as cash, a bond, or both, one who misappropriates another’s identity and uses it to obtain lower bail in a criminal case has done so to obtain credit or money within the meaning of this section. State v. Peters, 2003 WI 88, 263 Wis. 2d 475, 665 N.W.2d 171, 01-3267.
943.201 AnnotationA violation of this section is a continuing offense that is complete when a defendant performs the last act that, viewed alone, is a crime. An offense continues after fraudulently obtained phone and credit accounts are closed only if the defendant received a “thing of value or benefit” after the accounts are closed. Here, once those accounts were closed, the benefits to the defendant ended. State v. Lis, 2008 WI App 82, 311 Wis. 2d 691, 751 N.W.2d 891, 07-2357.
943.201 AnnotationAlthough the purpose of harming an individual’s reputation is an element of identity theft, the statute does not directly punish for the intent to defame and indirectly punish for disclosure of defamatory information, in violation of the 1st amendment. This section criminalizes the whole act of using someone’s identity without permission plus using the identity for one of the enumerated purposes, including harming another’s reputation. The statute does not criminalize each of its component parts standing alone. This section neither prohibits a defendant from disseminating information about a public official nor prevents the public from receiving that information. State v. Baron, 2008 WI App 90, 312 Wis. 2d 789, 754 N.W.2d 175, 07-1289.
943.201 AnnotationAs applied in this case, sub. (2) (c) was content based and regulated speech because whether the defendant’s conduct was prohibited depended entirely upon whether the defendant’s speech, i.e., the content of e-mails sent using another individual’s identity, was intended to be reputation-harming to that other individual. The statute survives strict scrutiny because the statute is narrowly tailored to apply only when a defendant intentionally uses an individual’s personal information to harm that individual’s reputation. The statute does not prevent revealing reputation-harming information so long as the method chosen does not entail pretending to be the targeted individual. State v. Baron, 2009 WI 58, 318 Wis. 2d 60, 769 N.W.2d 34, 07-1289.
943.201 AnnotationUse of a stolen credit card at a gas pump constituted a representation that the defendant was the cardholder or that the defendant was authorized to use the card for the purposes of proving a violation of this section. The conduct of presenting certain documents containing an entity’s identifying information carries with it the representation of permission to use that entity’s information, and no additional overt act or affirmative express representation is required. State v. Mason, 2018 WI App 57, 384 Wis. 2d 111, 918 N.W.2d 78, 17-0620.
Notes of Decisions
Cited in 27
cases (5 in the last 5 years), 2001–2023 · leading case: State v. Baron, 2009 WI 58 (Wis. 2009).
State v. Baron, 2009 WI 58 (Wis. 2009). “The circuit court concluded that Wis. Stat. § 943.201 (2)(c)(2005-06), [2] which punishes the unauthorized use of another individual's personal identifying information in order to harm the individual's reputation, was unconstitutional as applied to Baron.”
State v. Peters, 2003 WI 88 (Wis. 2003). “This case is before the court on certification from the court of appeals on a question of first-impression regarding the scope of Wisconsin's identity theft statute, Wis. Stat. § 943.201 (1999-2000). [1] Specifically, the question is whether a defendant who misappropriates…”
State v. Ramirez, 2001 WI App 158 (Wis. Ct. App. 2001). “Alfredo Ramirez appeals from a judgment of conviction for misappropriating the personal identifying information of another pursuant to Wis. Stat. § 943.201 (2) (1999-2000). 2 This offense is sometimes referred to as theft of identity.”
State v. Stewart, 916 N.W.2d 188 (Wis. Ct. App. 2018). “§ 943.201. I. Stewart represented that he was acting with "authorization or consent" within the meaning of WIS.”
State v. Moreno-Acosta, 2014 WI App 122 (Wis. Ct. App. 2014). “Fernando Moreno-Acosta appeals his conviction for identity theft pursuant to Wis. Stat. § 943.201 (2)(a) (2011-2012). 1 Moreno-Acosta argues that, under the statute, the State had to prove, as a separate element of the crime, that he knew that the personal identifying…”
State v. Baron, 2008 WI App 90 (Wis. Ct. App. 2008). “The circuit court ruled that the identity theft statute, Wis. Stat. § 943.201 (2)(c) (2005-06), 1 which in part prohibits the unauthorized use of a person's identity for *792 the purpose of harming an individual's reputation, is unconstitutional as applied in the present case.”
Michigan Fed'n of Teachers & Sch. Related Pers. v. Univ. of Michigan, 753 N.W.2d 28 (Mich. 2008). “Code 61-3-54; Wis. Stat. 943.201; Wyo. Stat. Ann. 6-3-901.”
State v. Mason, 918 N.W.2d 78 (Wis. Ct. App. 2018). “However, we note that the "representing" requirement in Wis. Stat. § 943.201 (2) could be read as part of the definition of the required "use.”
Cycenas v. United States, 120 Fed. Cl. 485 (Fed. Cl. 2015). “” Wis. Stat. § 943.201 (2014). *493 Mr. Cyeenas asserts that “[o]n August 25, 2014 this Plaintiff received from USDA-RH a notice of insurance again using this Plaintiff's Identity for property this Plaintiff does not even own,” and he attaches to his response a letter from…”
Off. of Lawyer Reg. v. Schoenecker, 2011 WI 76 (Wis. 2011). “See Wis. Stat. § 943.201 (2)(a). The second count of identity theft was dismissed and read in for sentencing purposes.”
Kolbe & Kolbe Millwork, Co. v. Manson Ins. Agency, Inc., 983 F. Supp. 2d 1035 (W.D. Wis. 2013). “20 (1), and unauthorized use of identifying information, Wis. Stat. § 943.201 (2), § 943.203(2). Section 895.”
Commonwealth v. Escobar, 93 N.E.3d 1156 (Mass. 2018). “Wisconsin has an identity fraud statute similar to ours in that it punishes anyone who "intentionally uses or attempts to use any personal identifying information or personal identification document of an individual to obtain credit, money, goods, services, or anything else of…”
— Wis. Stat. § 943.201(1)(b) — 1 case
State v. Baron, 2009 WI 58 (Wis. 2009). “The circuit court concluded that Wis. Stat. § 943.201 (2)(c)(2005-06), [2] which punishes the unauthorized use of another individual's personal identifying information in order to harm the individual's reputation, was unconstitutional as applied to Baron.”
— Wis. Stat. § 943.201(2) — 8 cases
State v. Ramirez, 2001 WI App 158 (Wis. Ct. App. 2001). “Alfredo Ramirez appeals from a judgment of conviction for misappropriating the personal identifying information of another pursuant to Wis. Stat. § 943.201 (2) (1999-2000). 2 This offense is sometimes referred to as theft of identity.”
State v. Baron, 2009 WI 58 (Wis. 2009). “The circuit court concluded that Wis. Stat. § 943.201 (2)(c)(2005-06), [2] which punishes the unauthorized use of another individual's personal identifying information in order to harm the individual's reputation, was unconstitutional as applied to Baron.”
State v. Peters, 2003 WI 88 (Wis. 2003). “This case is before the court on certification from the court of appeals on a question of first-impression regarding the scope of Wisconsin's identity theft statute, Wis. Stat. § 943.201 (1999-2000). [1] Specifically, the question is whether a defendant who misappropriates…”
State v. Moreno-Acosta, 2014 WI App 122 (Wis. Ct. App. 2014). “Fernando Moreno-Acosta appeals his conviction for identity theft pursuant to Wis. Stat. § 943.201 (2)(a) (2011-2012). 1 Moreno-Acosta argues that, under the statute, the State had to prove, as a separate element of the crime, that he knew that the personal identifying…”
State v. Mason, 918 N.W.2d 78 (Wis. Ct. App. 2018). “However, we note that the "representing" requirement in Wis. Stat. § 943.201 (2) could be read as part of the definition of the required "use.”
— Wis. Stat. § 943.201(2)(a) — 3 cases
State v. Mason, 918 N.W.2d 78 (Wis. Ct. App. 2018). “However, we note that the "representing" requirement in Wis. Stat. § 943.201 (2) could be read as part of the definition of the required "use.”
State v. Michael S. Greenwald (Wis. Ct. App. 2019).
Jackson v. Vartanian (E.D. Wis. 2022).
— Wis. Stat. § 943.201(2)(c) — 1 case
State v. Baron, 2009 WI 58 (Wis. 2009). “The circuit court concluded that Wis. Stat. § 943.201 (2)(c)(2005-06), [2] which punishes the unauthorized use of another individual's personal identifying information in order to harm the individual's reputation, was unconstitutional as applied to Baron.”
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