800.093 Restitution.

343 words·~2 min read·/wi/chapter-800/800-093-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The court, in addition to ordering any payment authorized by law, may order a defendant to make full or partial restitution under this section to any victim or, if the victim is deceased, to his or her estate if the court finds all of the following:

(a)The defendant is guilty of violating a nontraffic ordinance or an ordinance authorizing restitution under s. 346.65

(2r).

(b)The violation resulted in damage to or theft of the property of or physical injury to or death of a person other than the defendant.

(2)Restitution ordered under this section is enforceable in a civil action by the victim named in the order to receive restitution. A court may not order a defendant to pay more than the amount specified in s. 799.01

(d)in restitution under this section.

(3)If the violation resulted in damage to or loss or destruction of property, the restitution order may require that the defendant do one of the following:

(a)Return the property to the owner or owner’s designee.

(b)If return of the property under par.

(a)is impossible, impractical or inadequate, pay the owner or owner’s designee, subject to the limit in sub.

(2), the reasonable repair or replacement cost or the greater of the following:

1. The value of the property on the date of its damage, loss or destruction.

2. The value of the property on the date judgment is rendered, less the value of any part of the property returned, as of the date of its return. The value of retail merchandise shall be its retail value.

(4)If the violation resulted in physical injury, the restitution order may require that the defendant do one or more of the following, subject to the limit in sub.

(2):

(a)Pay an amount equal to the cost of necessary medical and related professional services and devices relating to physical, psychiatric or psychological care and treatment.

(b)Reimburse the injured person for income lost as a result of the violation.