Damages

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Sara L. Steppke

Case No.: 2017AP1683-CR

Officials: KLOPPENBURG, J.

Focus: Damages

Sara Steppke appeals the amended judgment of conviction for misdemeanor theft, which added as restitution $16,124.40 for security system upgrades undertaken after the theft was discovered. On appeal, Steppke makes two arguments in support of her contention that the costs of the security system upgrades are not recoverable as restitution under WIS. STAT. § 973.20: (1) the costs of the security system upgrades are prohibited general damages, not special damages; and (2) even if the costs of the security system upgrades are special damages, WIS. STAT. § 973.20(5)(a) limits special damages awarded as restitution to those that could be recovered in a civil action and, here, the security system upgrades would not be recoverable in a civil action for conversion. I reject Steppke’s first argument because I conclude that under controlling case law the security system upgrades are special damages within the meaning of WIS. STAT. § 973.20(5)(a). However, I take the State to concede Steppke’s second argument because the State does not refute that argument in any developed manner in its response brief. Therefore, I reverse.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.