A second minor question might be raised about the key violation you cite
as MGO 12.128(1). If this also applies to the broad catagory of
"vehicles", I would hope there is grandfathering of all such vehicles
which did and do not have ignition keys. --boats, tractors, and
trucks. Even my Chev Carryall doesn't need a key to run if the key is
removed in position number two. Outboard boats don't use keys and my
large International farm tractor has no ignition key system.
Eric
Matt Logan wrote:
I was reading a story about a woman who left her car with keys in the
ignition (a violation of MGO 12.128(1): Prohibiting Operators From
Leaving Keys in Parked Motor Vehicles. ), whose car was then driven away
by another woman. The thief was charged with "operating a motor vehicle
without owner's consent" which seems to be covered by WSS 943.23(2) &
943.23(3)
The question I am pondering is: does the phrase "any vehicle" in this
section apply to bicycles?
"Vehicle" is defined in this section of the statutes to be:
939.22(44) "Vehicle" means any self-propelled device for moving persons
or property or pulling implements from one place to another, whether
such device is operated on land, rails, water, or in the air.
So it seems to come down to the interpretation of "self-propelled" -
which I assume rules out vehicles powered exclusively by human power.
Lawyers, am I correct?
Why is this relevant to bikies? It turns out that violation of
943.23(2) or 943.23(3) is a felony, which is the threshold that the
Madison Police Department uses to determine whether a crime gets the
"self-report form" treatment (usually no investigation), or is actively
investigated. Currently, unless a bicycle is worth more than $2500( the
general threshold for a felony theft under WSS), the MPD will usually
not do anything but ask for a self-report form if you report the bicycle
as stolen.
So for comparison, based on my current understanding:
If someone who just bought a used car off a friend for $100 has their
car taken and driven without the owner's consent: Felony - police can
actively investigate.
If someone takes a $169 pocket motorcycle and rides away with it without
the owner's consent: Felony - police can actively investigate.
http://www.minipocketrockets.com/
If someone takes a $699 moped and rides away without the owner's
consent: Felony - police can actively investigate.
http://www.scooterdepot.us/50cc-Gas-Moped-Scooter-p-436.html
If someone takes a $852 Phantom 3 Wheel Scooter and rides away with it
without the owner's consent: Felony - police can actively investigate.
http://tinyurl.com/6eygz3
If someone takes a $2499.95 Cervelo P2 Carbon (Ultegra) bicycle and
rides away with it without the owner's consent: Misdemeanor - The police
tell you to go file a self-report form. Good luck ever seeing your bike
again.
http://tinyurl.com/58gllj
- Matt
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