Wisconsin Statutes
Wis. Stat. § 943.203 (2026)
Unauthorized use of an entity’s identifying information or documents
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943.203(1)(b)2.2. An entity’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.
943.203(1)(b)3.3. Any other device that is unique to, assigned to, or belongs to an entity and that is intended to be used to access services, funds, or benefits of any kind to which the entity is entitled.
943.203(1)(c)5.5. The identifying number of an entity’s depository account, as defined in s. 815.18 (2) (e).
943.203(1)(c)6.6. 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:
943.203(1)(c)6.b.b. An entity’s electronic serial number, mobile identification number, entity identification number, or other telecommunications service, equipment, or instrument identifier.
943.203(1)(c)7.7. Any other information or data that is unique to, assigned to, or belongs to an entity and that is intended to be used to access services, funds, or benefits of any kind to which the entity is entitled.
943.203(1)(c)8.8. Any other information that can be associated with a particular entity through one or more identifiers or other information or circumstances.
943.203(2)(2) Whoever, for any of the following purposes, intentionally uses, attempts to use, or possesses with intent to use any identifying information or identification document of an entity without the authorization or consent of the entity and by representing that the person is the entity or is acting with the authorization or consent of the entity is guilty of a Class H felony:
943.203(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.
943.203(4)(4) If an entity reports to a law enforcement agency for the jurisdiction in which the entity is located that identifying information or an identification document belonging to the entity 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 entity which law enforcement agency may have jurisdiction. A copy of a report prepared under this subsection shall be furnished upon request to the entity that made the request, subject to payment of any reasonable fee for the copy.
943.203 AnnotationSub. (2) does not require an express verbal representation from the offerer that the document is authorized. By the act of presenting the documents, the defendant was implicitly saying they were real and the defendant had consent to use them. State v. Stewart, 2018 WI App 41, 383 Wis. 2d 546, 916 N.W.2d 188, 17-1587.
943.203 Annotation“Anything else of value or benefit” under sub. (2) (a) is not limited to commercial or financial benefits. State v. Stewart, 2018 WI App 41, 383 Wis. 2d 546, 916 N.W.2d 188, 17-1587.
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 2013–2025 · leading case: State v. Stewart, 2018 WI App 41, 916 N.W.2d 188.
State v. Stewart, 2018 WI App 41, 916 N.W.2d 188. “203, which makes it a felony to use a document with an entity's identifying information for the purpose of obtaining "credit, money, goods, services, or anything else of value or benefit[,]" if the use is without the entity's authorization and if the person using it represents…”
State v. Courtney C. Beamon, 2013 WI 47, 830 N.W.2d 681. “41 (1), unauthorized use of an entity's identifying information contrary to Wis. Stat. § 943.203 , possession of a firearm by a felon contrary to Wis.”
Andre Jackson v. Marc Clements, 796 F.3d 841 (7th Cir. 2015). “Jackson was serving an eighteen month sentence in Illinois — the details of which are not contained in the record— when he was extradited to Wisconsin on a Governor’s Warrant of Arrest signed by the governor of Illinois.”
State v. Mason, 2018 WI App 57, 918 N.W.2d 78. “§ 943.203, in circumstances where the act of presenting a document implied that the presenter has the entity's authorization to use that information.”
State v. Moreno-Acosta, 2014 WI App 122, 857 N.W.2d 908. “201 , also created two new offenses, Wis. Stat. § 943.203 , Unauthorized use of an entity's identifying information or *237 documents, and Wis.”
Kolbe & Kolbe Millwork, Co. v. Manson Ins. Agency, Inc., 983 F. Supp. 2d 1035 (W.D. Wis. 2013). “201 (2), § 943.203(2). Section 895.446(1) states in pertinent part that “[a]ny person who suffers damage or loss by reason of intentional conduct .”
Kunes Country Auto. Mgmt. Inc v. Walters, No. 2:23-cv-01204 (E.D. Wis. May 10, 2024). “446 (Count Three); identity theft under Wis. Stat. §§ 943.203 (2), 895.446 (Count Ten); and violation of Wisconsin’s Trade Secrets Act, Wis.”
State v. Autumn Marie Love Lopez, No. 2017AP000913-CR (Wis. Nov. 27, 2019). “201 and unauthorized use of an entity's identifying information or documents under Wis. Stat. § 943.203 ? Courts have referred to such charges as "identity theft.”
State v. Autumn Marie Love Lopez, No. 2017AP000913-CR (Wis. Nov. 27, 2019). “201 and unauthorized use of an entity's identifying information or documents under Wis. Stat. § 943.203 ? Courts have referred to such charges as "identity theft.”
Araujo v. Wedelstadt, No. 1:23-cv-01190 (E.D. Wis. Jan. 22, 2025). “Arajuo alleges that he owned an auto transport business located in White Plains, New York, and saw an advertisement that listed a used 1998 Peterbilt 379 and a used 2005 Cottrell car hauling trailer listed for sale by Defendants.”
State v. Courtney C. Beamon, No. 2010AP002003-CR (Wis. May 29, 2013). “41 (1), unauthorized use of an entity's identifying information contrary to Wis. Stat. § 943.203 , possession of a firearm by a felon contrary to Wis.”
Wis. Stat. § 943.203(1)(c): 1 case
Kunes Country Auto. Mgmt. Inc v. Walters, No. 2:23-cv-01204 (E.D. Wis. May 10, 2024). “446 (Count Three); identity theft under Wis. Stat. §§ 943.203 (2), 895.446 (Count Ten); and violation of Wisconsin’s Trade Secrets Act, Wis.”
Wis. Stat. § 943.203(2): 4 cases
State v. Stewart, 2018 WI App 41, 916 N.W.2d 188. “203, which makes it a felony to use a document with an entity's identifying information for the purpose of obtaining "credit, money, goods, services, or anything else of value or benefit[,]" if the use is without the entity's authorization and if the person using it represents…”
Kolbe & Kolbe Millwork, Co. v. Manson Ins. Agency, Inc., 983 F. Supp. 2d 1035 (W.D. Wis. 2013). “201 (2), § 943.203(2). Section 895.446(1) states in pertinent part that “[a]ny person who suffers damage or loss by reason of intentional conduct .”
State v. Mason, 2018 WI App 57, 918 N.W.2d 78. “§ 943.203, in circumstances where the act of presenting a document implied that the presenter has the entity's authorization to use that information.”
Kunes Country Auto. Mgmt. Inc v. Walters, No. 2:23-cv-01204 (E.D. Wis. May 10, 2024). “446 (Count Three); identity theft under Wis. Stat. §§ 943.203 (2), 895.446 (Count Ten); and violation of Wisconsin’s Trade Secrets Act, Wis.”
Wis. Stat. § 943.203(2)(a): 1 case
State v. Stewart, 2018 WI App 41, 916 N.W.2d 188. “203, which makes it a felony to use a document with an entity's identifying information for the purpose of obtaining "credit, money, goods, services, or anything else of value or benefit[,]" if the use is without the entity's authorization and if the person using it represents…”
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