Opinion
Nos. 2013AP1722–CR, 2013AP1723–CR.
2014-06-17
STATE of Wisconsin, Plaintiff–Respondent, v. David Phillip FOLEY, Defendant–Appellant.
Theft by fraud requires the State to prove, by evidence beyond a reasonable doubt, the following seven elements: (1) the named victim was the owner of the property; (2) the defendant made a false representation to the owner; (3) the defendant knew the representation was false; (4) the defendant made the representation with intent to deceive and to defraud the owner; (5) the defendant obtained title to the property of the owner by the false representation; (6) the owner was deceived by the representation; and (7) the owner was defrauded by the representation. Wis JI—Criminal 1453A. Id. at 1–2.