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§ 943.20(1)(d), Theft by Fraud – Civil Tort Law, as Aid to Construction

State v. Dale C. Ploeckelman, 2007 WI App 31
For Ploeckelman: Rand Krueger

Issue/Holding:

¶17   Wisconsin Stat. § 943.20(1)(d) prohibits a type of fraud, which is addressed by both criminal and civil tort law. See State v. Timblin, 2002 WI App 304, ¶31, 259 Wis. 2d 299, 657 N.W.2d 89. While there are no common law crimes, this court has consulted civil tort law as an aid to interpreting the criminal fraud statutes. Id., ¶31 n.5; see also State v. Mueller, 201 Wis. 2d 121, 138-39, 549 N.W.2d 455 (Ct. App. 1996). In his brief, Ploeckelman also relies on tort law for guidance as to how to interpret § 943.20(1)(d)’s statutory language and does not dispute its use here.

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