Identity Theft Defense Lawyer in Wisconsin
Charged with identity theft under Wis. Stat. § 943.201? Allegations involving personal identifying information can carry serious felony consequences long before a case reaches trial. Call for a free, confidential consultation.
What the Law Says About Unauthorized Use of Personal Identifying Information (Identity Theft)
Under Wis. Stat. § 943.201, a person commits identity theft when they intentionally use, attempt to use, or possess with intent to use another individual’s personal identifying information or personal identification document without consent, while representing that they are that person, that they have that person’s authorization, or that the information belongs to them. The statute applies whether the individual is living or deceased and whether the information is used directly or electronically.
The definition of “personal identifying information” under Wisconsin law is intentionally broad and includes names, addresses, Social Security numbers, dates of birth, employer-assigned identification numbers, bank or account numbers, PINs, biometric data, and any other information or device used to access money, services, employment, benefits, or credit. Because the statute focuses on intent, authorization, and representation, many cases turn on disputed assumptions about consent, shared access, or how information was actually used.
Chirafisi Anderson, S.C. represents individuals charged with fraud and financial crimes such as identity theft throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties. We regularly defend cases involving employment applications, traffic stops, online accounts, shared devices, financial transactions, and alleged misuse of personal information, focusing on early legal analysis to challenge intent, authorization, and the State’s interpretation of representation.
Elements of Unauthorized Use of Personal Identifying Information in Wisconsin
To convict a person of identity theft under Wis. Stat. § 943.201(2), the State must prove each element beyond a reasonable doubt, as set forth in Wisconsin Jury Instruction – Criminal 1458.
Specifically, the State must establish that:
- The defendant intentionally used, attempted to use, or possessed with intent to use the personal identifying information or personal identification document of another individual (including a deceased individual).
- The information or document qualifies as “personal identifying information” or a “personal identification document.”
- The defendant acted for one of the following statutorily-defined purposes: to obtain credit, money, goods, services, or any other thing of value.
- The defendant acted without the individual’s authorization or consent, knew there was no authorization or consent, and represented that they were the individual, were acting with the individual’s authorization, or that the information belonged to them.
These elements apply whether the alleged conduct occurred in person or electronically and whether the information was used directly or through an online account or device.
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Penalties and Sentencing for Unauthorized Use of Personal Identifying Information in Wisconsin
All violations of Wis. Stat. § 943.201(2) are classified as Class H felonies, regardless of the type of personal identifying information used or the value of any benefit obtained.
Identity Theft Penalty Classification
|
Violation |
Classification |
Maximum Penalty |
|---|---|---|
|
Unauthorized use, attempted use, or possession with intent to use another person’s personal identifying information |
Class H Felony |
Up to 6 years imprisonment (3 years initial confinement + 3 years extended supervision) and $10,000 fine |
Sentencing Considerations and Restitution
Wisconsin law treats identity theft as a continuing offense until the last benefit is received. When multiple uses occur as part of a single intent and design, the State may charge the conduct as one offense under § 971.366.
In addition to incarceration and fines, courts frequently order restitution, which may include direct financial losses, costs associated with repairing credit, and expenses related to restoring an individual’s identity. Judges also consider factors such as the scope of the alleged misuse, the number of transactions or representations involved, the defendant’s criminal history, and efforts to mitigate harm.
Common Scenarios in Wisconsin Identity Theft Cases
Identity theft charges in Wisconsin are a common type of property crime that often arise from everyday interactions involving personal information, rather than sophisticated fraud schemes. Common scenarios include:
- Employment applications using another person’s SSN or identifiers (common in Ramirez-type cases).
- Traffic stops and arrests, where someone provides another person’s name to avoid warrants or penalties.
- Credit or loan applications, online purchases, or financial account access.
- Shared financial information in domestic or relationship disputes.
- Using a deceased individual’s identity to obtain benefits or services.
- Unauthorized access to digital accounts, including email, mobile accounts, or payment apps.
- Misuse of employer-assigned identification numbers or access credentials.
Because Wis. Stat. § 943.201 is written broadly, many cases hinge on whether the defendant knowingly represented they were another person, whether there was authorization or implied permission, and how the information was actually used.
Defenses and Legal Strategies in Unauthorized Use of Personal Identifying Information Cases
Identity theft cases under Wis. Stat. § 943.201 are highly fact-dependent and frequently turn on intent, authorization, knowledge, and representation. Because the statute requires more than mere possession or use of information, effective defenses focus on whether the State can actually prove each statutory requirement beyond a reasonable doubt.
Common defense strategies include:
Why Hiring an Identity Theft Defense Lawyer Matters
Identity theft charges under Wis. Stat. § 943.201 carry severe criminal, professional, and financial consequences—and they often hinge on digital evidence, intent, and the State’s interpretation of consent or authorization. These cases are fact-intensive, and early intervention can significantly affect charging decisions, negotiations, and suppression issues. The attorneys at Chirafisi Anderson, S.C. have the experience and proven results to challenge digital forensics, disputed consent, and alleged representations, and to pursue outcomes that protect your record and future.
Identity Theft Case Results
Contact Chirafisi Anderson, S.C.
If you are under investigation or charged with Unauthorized Use of Personal Identifying Information, early legal representation can protect your record, finances, and reputation. Contact us today for a free consultation.