895.446 Property damage or loss caused by crime; action for.

391 words·~2 min read·/wi/chapter-895/895-446

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

(1)Any person who suffers damage or loss by reason of intentional conduct that occurs on or after November 1, 1995, and that is prohibited under s. 943.01 , 943.20 , 943.21 , 943.24 , 943.26 , 943.34 , 943.395 , 943.41 , 943.50 , 943.61 , 943.74 , or 943.76 , or by reason of intentional conduct that occurs on or after April 28, 1998, and that is prohibited under s. 943.201 or 943.203 , or by reason of intentional conduct that occurs on or after July 1, 2004, and that is prohibited under s. 943.011 , 943.012 , or 943.017 , has a cause of action against the person who caused the damage or loss.

(2)The burden of proof in a civil action under sub.

(1)is with the person who suffers damage or loss to prove a violation of s. 943.01 , 943.011 , 943.012 , 943.017 , 943.20 , 943.201 , 943.203 , 943.21 , 943.24 , 943.26 , 943.34 , 943.395 , 943.41 , 943.50 , 943.61 , 943.74 , or 943.76 by a preponderance of the credible evidence. A conviction under s. 943.01 , 943.011 , 943.012 , 943.017 , 943.20 , 943.201 , 943.203 , 943.21 , 943.24 , 943.26 , 943.34 , 943.395 , 943.41 , 943.50 , 943.61 , 943.74 , or 943.76 is not required to bring an action, obtain a judgment, or collect on that judgment under this section.

(3)If the plaintiff prevails in a civil action under sub.

(1), he or she may recover all of the following:

(a)Actual damages, including the retail or replacement value of damaged, used, or lost property, whichever is greater, for a violation of s. 943.01 , 943.011 , 943.012 , 943.017 , 943.20 , 943.201 , 943.203 , 943.21 , 943.24 , 943.26 , 943.34 , 943.395 , 943.41 , 943.50 , 943.61 , 943.74 , or 943.76 .

(b)All costs of investigation and litigation that were reasonably incurred, including the value of the time spent by any employee or agent of the victim.

(c)Exemplary damages of not more than 3 times the amount awarded under par.

(a). No additional proof is required under this section for an award of exemplary damages under this paragraph.