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(1g), which occurred on one day, and operating the same car without the owner's consent in violation of sub. Essentially, both the supreme court and court of appeals have taken judicial notice of the fact that it is common knowledge that the guns at issue in previous cases operated as dangerous weapons because they used gunpowder to fire projectiles.
Whoever intentionally removes a major part of a vehicle without the consent of the owner is guilty of a Class I felony. Whoever intentionally removes any other part or component of a vehicle without the consent of the owner is guilty of a Class A misdemeanor. (6) (b) is analyzed in the same manner as restitution under the general statute, s. A defendant is entitled to a hearing, although it may be informal, to challenge the existence of damage to the victim, as well as the amount of damage. In addition to the other penalties provided for violation of this section, a judge may require a violator to pay restitution to or on behalf of a victim regardless of whether the violator is placed on probation under. If damage results from a criminal episode in which the defendant played any part, the defendant is jointly and severally liable in restitution for the amount of damages. If restitution is ordered, the court shall consider the financial resources and future ability of the violator to pay and shall determine the method of payment. Whoever, while possessing a dangerous weapon and by the use of, or the threat of the use of, force or the weapon against another, intentionally takes any vehicle without the consent of the owner is guilty of a Class C felony. (1r), 1999 stats., is applicable if the taking of the vehicle is a substantial factor in the victim's death. if the defendant abandoned the vehicle without damage within 24 hours after the vehicle was taken from the possession of the owner. A substantial factor is not only the primary or immediate cause, but includes other significant factors.
An affirmative defense under this subsection mitigates the offense to a Class A misdemeanor.
A defendant who raises this affirmative defense has the burden of proving the defense by a preponderance of the evidence.
Upon the application of any interested party, the court may schedule and hold an evidentiary hearing to determine the value of the victim's pecuniary loss resulting from the offense.
To sustain a conviction for operating a car without the owner's consent, it is not necessary that the driver be the person who actually took the car.
939.66 (2r) or the constitutional protection against double jeopardy.
(3), which occurred on the next day, did not violate s.