Wisconsin

Stalking

This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.

• § 940.32. Stalking

Harassment

• § 947.013. Harassment

Related Offenses

• § 942.08. Invasion of privacy

• § 942.09. Representations depicting nudity

• § 947.012. Unlawful use of telephone
• § 947.0125. Unlawful use of computerized communication systems

Analyzing Stalking Laws

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Stalking

Wis. Stat. § 940.32. Stalking. (2003)

(1)   In this section:

(a)  "Course of conduct" means a series of 2 or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following:

                                                            1.      Maintaining a visual or physical proximity to the victim.

                                                            2.      Approaching or confronting the victim.

                                                            3.      Appearing at the victims workplace or contacting the victims employer or coworkers.

                                                            4.      Appearing at the victims home or contacting the victims neighbors.

                                                            5.      Entering property owned, leased, or occupied by the victim.

                                                            6.      Contacting the victim by telephone or causing the victims telephone or any other persons telephone to ring repeatedly or continuously, regardless of whether a conversation ensues.

                        6m. Photographing, videotaping, audio taping, or, through any

                        other electronic means, monitoring or recording the activities of the victim. This subdivision applies regardless of where the act occurs.

                                                            7.      Sending material by any means to the victim or, for the purpose of obtaining information about, disseminating information about, or communicating with the victim, to a member of the victims family or household or an employer, coworker, or friend of the victim.

                                                            8.      Placing an object on or delivering an object to property owned, leased, or occupied by the victim.

                                                            9.      Delivering an object to a member of the victims family or household or an employer, coworker, or friend of the victim or placing an object on, or delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be delivered to the victim.

                                                        10.      Causing a person to engage in any of the acts described in subds. 1. to 9.
(am) "Domestic abuse" has the meaning given in s. 813.12 (1) (am)
(ap) "Domestic abuse offense" means an act of domestic abuse

       that constitutes a crime.
(c)   "Labor dispute" includes any controversy concerning

terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.

                             (cb) "Member of a family" means a spouse, parent, child,

sibling, or any other person who is related by blood or adoption to another.

                             (cd) "Member of a household" means a person who regularly

resides in the household of another or who within the previous 6 months regularly resided in the household of another.

                             (cg) "Personally identifiable information" has the meaning

       given in s. 19.62 (5)
(cr) "Record" has the meaning given in s. 19.32 (2)
(d)   "Suffer serious emotional distress" means to feel terrified,

       intimidated, threatened, harassed, or tormented.

(2)   Whoever meets all of the following criteria is guilty of a Class I felony:

(a)  The actor intentionally engages in a course of conduct directed at a specific person that would cause a reasonable person under the same circumstances to suffer serious emotional distress or to fear bodily injury to or the death of himself or herself or a member of his or her family or household.

(b)  The actor knows or should know that at least one of the acts that constitute the course of conduct will cause the specific person to suffer serious emotional distress or place the specific person in reasonable fear of bodily injury to or the death of himself or herself or a member of his or her family or household.

(c)  The actors acts cause the specific person to suffer serious emotional distress or induce fear in the specific person of bodily injury to or the death of himself or herself or a member of his or her family or household.

(2e) Whoever meets all of the following criteria is guilty of a Class I felony:

(a) After having been convicted of sexual assault under s. 940.225,

948.02, 948.025, or 948.085 or a domestic abuse offense, the actor engages in any of the acts listed in sub. (1) (a) 1. to 10., if the act is directed at the victim of the sexual assault or the domestic abuse offense.

              (b) The actor knows or should know that the act will cause the specific

person to suffer serious emotional distress or place the specific person in reasonable fear of bodily injury to or the death of himself or herself or a member of his or her family or household.

              (c) The actors act causes the specific person to suffer serious emotional

distress or induces fear in the specific person of bodily injury to or the death of himself or herself or a member of his or her family or household.

     (2m) Whoever violates sub. (2) is guilty of a Class H felony if any of the following

            applies:

(a) The actor has a previous conviction for a violent crime, as defined in

s. 939.632 (1) (e) 1., or a previous conviction under this section or s. 947.013 (1r), (1t), (1v), or (1x)

              (b) The actor has a previous conviction for a crime, the victim of that

crime is the victim of the present violation of sub. (2), and the present violation occurs within 7 years after the prior conviction.

              (c) The actor intentionally gains access or causes another person to gain

access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation.

              (d) The person violates s. 968.31 (1) or 968.34 (1) in order to facilitate

                   the violation.

              (e) The victim is under the age of 18 years at the time of the violation.

(3)   Whoever violates sub. (2) is guilty of a Class F felony if any of the following applies:

(a)  The act results in bodily harm to the victim or a member of the victims family or household.

(b)  The actor has a previous conviction for a violent crime, as defined in s. 939.632 (1) (e) 1., or a previous conviction under this section or s. 947.013 (1r), (1t), (1v) or (1x), the victim of that crime is the victim of the present violation of sub. (2), and the present violation occurs within 7 years after the prior conviction.

(c)  The actor uses a dangerous weapon in carrying out any of the acts listed in sub. (1) (a) 1. to 9.

(3m) A prosecutor need not show that a victim received or will receive treatment

from a mental health professional in order to prove that the victim suffered serious emotional distress under sub. (2) (c) or (2e) (c)

(4)    

(a)  This section does not apply to conduct that is or acts that are protected by the persons right to freedom of speech or to peaceably assemble with others under the state and U.S. constitutions, including, but not limited to, any of the following:

                                                            1.      Giving publicity to and obtaining or communicating information regarding any subject, whether by advertising, speaking or patrolling any public street or any place where any person or persons may lawfully be.

                                                            2.      Assembling peaceably.

                                                            3.      Peaceful picketing or patrolling.

(b)  Paragraph (a) does not limit the activities that may be considered to serve a legitimate purpose under this section.

(5)   This section does not apply to conduct arising out of or in connection with a labor dispute.

(6)   The provisions of this statute are severable. If any provision of this statute is invalid or if any application thereof is invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application.

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Harassment

 

Wis. Stat. § 947.013. Harassment. (1991)

(1)   In this section:

(a)  "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.

(b)  "Credible threat" means a threat made with the intent and apparent ability to carry out the threat.

(c)  "Personally identifiable information" has the meaning given in s. 19.62 (5)

(d)  "Record" has the meaning given in s. 19.32 (2)

(1m) Whoever, with intent to harass or intimidate another person, does any of

       the following is subject to a Class B forfeiture:

(a)   Strikes, shoves, kicks or otherwise subjects the person to physical contact or attempts or threatens to do the same.

(b)    Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.

     (1r) Whoever violates sub. (1m) under all of the following circumstances is guilty

            of a Class A misdemeanor:

(a)   The act is accompanied by a credible threat that places the victim in reasonable fear of death or great bodily harm.

(b)   The act occurs while the actor is subject to an order or injunction under s. 813.12, 813.122 or 813.125 that prohibits or limits his or her contact with the victim.

     (1t) Whoever violates sub. (1r) is guilty of a Class I felony if the person has a

prior conviction under this subsection or sub. (1r), (1v), or (1x) or s. 940.32 (2), (2e), (2m), or (3) involving the same victim and the present violation occurs within 7 years of the prior conviction.

     (1v) Whoever violates sub. (1r) is guilty of a Class H felony if he or she

intentionally gains access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation under sub. (1r)

     (1x) Whoever violates sub. (1r) under all of the following circumstances is guilty

            of a Class H felony:

(a)   The person has a prior conviction under sub. (1r), (1t) or (1v) or this subsection or s. 940.32 (2), (2e), (2m), or (3)

(b)   The person intentionally gains access to a record in order to facilitate the current violation under sub. (1r)

(2)   This section does not prohibit any person from participating in lawful conduct in labor disputes under s. 103.53

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Related Offenses

 

Wis. Stat. § 942.08. Invasion of privacy. (2007)

(1)  In this section:(a) "Nude or partially nude person" means any human being who has less than fully and opaquely covered genitals, pubic area or buttocks, any female human being who has less than a fully opaque covering over any portion of a breast below the top of the nipple, or any male human being with covered genitals in a discernibly turgid state.(b) "Private place" means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent.(c) "Surveillance device" means any device, instrument, apparatus, implement, mechanism or contrivance used, designed to be used or primarily intended to be used to observe the activities of a person. "Surveillance device" includes a peephole.

(2)  Whoever does any of the following is guilty of a Class A misdemeanor:(a) Knowingly installs a surveillance device in any private place, or uses a surveillance device that has been installed in a private place, with the intent to observe any nude or partially nude person without the consent of the person observed.(b) For the purpose of sexual arousal or gratification and without the consent of each person who is present in the private place, looks into a private place that is, or is part of, a public accommodation, as defined in s. 134.48 (1) (b), and in which a person may reasonably be expected to be nude or partially nude.(c) For the purpose of sexual arousal or gratification, looks into a private place that is, or is part of, a public accommodation, as defined in s. 134.48 (1) (b), and in which a person may reasonably be expected to be nude or partially nude but in which no person is present.(d) Enters another persons private property without that persons consent or enters an enclosed or unenclosed common area of a multiunit dwelling or condominium and looks into any individuals dwelling unit if all of the following apply:

1.      The actor looks into the dwelling unit for the purpose of sexual arousal or gratification and with the intent to intrude upon or interfere with an individuals privacy.

2.      The actor looks into a part of the dwelling unit in which an individual is present.

3.      The individual has a reasonable expectation of privacy in that part of the dwelling unit.

4.      The individual does not consent to the actor looking into that part of the dwelling.

Wis. Stat. § 942.09. Representations depicting nudity. (2007)

(1)  In this section:

1.      "Captures a representation" means takes a photograph, makes a motion picture, videotape, or other visual representation, or records or stores in any medium data that represents a visual image.(am) "Nude or partially nude person" has the meaning given in s. 942.08 (1) (a)

2.      "Nudity" has the meaning given in s. 948.11 (1) (d) (c)"Representation" means a photograph, exposed film, motion picture, videotape, other visual representation, or data that represents a visual image.

(2)  (am) Whoever does any of the following is guilty of a Class I felony:

1.      Captures a representation that depicts nudity without the knowledge and consent of the person who is depicted nude while that person is nude in a circumstance in which he or she has a reasonable expectation of privacy, if the person knows or has reason to know that the person who is depicted nude does not know of and consent to the capture of the representation.

2.      Makes a reproduction of a representation that the person knows or has reason to know was captured in violation of subd. 1. and that depicts the nudity depicted in the representation captured in violation of subd. 1., if the person depicted nude in the reproduction did not consent to the making of the reproduction.

3.      Possesses, distributes, or exhibits a representation that was captured in violation of subd. 1. or a reproduction made in violation of subd. 2., if the person knows or has reason to know that the representation was captured in violation of subd. 1. or the reproduction was made in violation of subd. 2., and if the person who is depicted nude in the representation or reproduction did not consent to the possession, distribution, or exhibition.(bm) Notwithstanding par. (am), if the person depicted nude in a representation or reproduction is a child and the capture, possession, exhibition, or distribution of the representation, or making, possession, exhibition, or distribution of the reproduction, does not violate s. 948.05 or 948.12, a parent, guardian, or legal custodian of the child may do any of the following:

                                                            1.      Capture and possess the representation or make and possess the reproduction depicting the child.

                                                            2.      Distribute or exhibit a representation captured or possessed under subd. 1., or distribute or exhibit a reproduction made or possessed under subd. 1., if the distribution or exhibition is not for commercial purposes.(cm) This subsection does not apply to a person who receives a representation or reproduction depicting a child from a parent, guardian, or legal custodian of the child under par. (bm) 2., if the possession, exhibition, or distribution is not for commercial purposes.

(5)   

(a)  Whoever, while present in a locker room, intentionally captures a representation of a nude or partially nude person while the person is nude or partially nude in the locker room is guilty of a Class B misdemeanor. This paragraph does not apply if the person consents to the capture of the representation and one of the following applies:

1.   The person is, or the actor reasonably believes that the person is, 18 years of age or over when the person gives his or her consent.

2.   The persons parent, guardian, or legal custodian consents to    the capture of the representation.

(b)   

1.   Whoever intentionally does any of the following is guilty of a     Class A misdemeanor:

a.      Captures a representation of a nude or partially nude person while the actor is present in, and the person is nude or partially nude in, the locker room and exhibits or distributes the representation to another.

b.      Transmits or broadcasts an image of a nude or partially nude person from a locker room while the person is nude or partially nude in the locker room.

2.      This paragraph does not apply if the person consents to the exhibition or distribution of the representation or the transmission or broadcast of the image and one of the following applies:

a.      The person is, or the actor reasonably believes that the person is, 18 years of age or over when the person gives his or her consent.

b.      The persons parent, guardian, or legal custodian consents to the exhibition, distribution, transmission, or broadcast.

Wis. Stat. § 947.012. Unlawful use of telephone. (1991)

(1)   Whoever does any of the following is guilty of a Class B misdemeanor:

(a)  With intent to frighten, intimidate, threaten, abuse or harass, makes a telephone call and threatens to inflict injury or physical harm to any person or the property of any person.

(b)  With intent to frighten, intimidate, threaten or abuse, telephones another and uses any obscene, lewd or profane language or suggests any lewd or lascivious act.

(c)  Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to abuse or threaten any person at the called number.

(2)   Whoever does any of the following is subject to a Class B forfeiture:

(a)  With intent to harass or offend, telephones another and uses any obscene, lewd or profane language or suggests any lewd or lascivious act.

(b)  Makes or causes the telephone of another repeatedly to ring, with intent to harass any person at the called number.

(c)  Makes repeated telephone calls, whether or not conversation ensues, with intent solely to harass any person at the called number.

(d)  Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to harass any person at the called number.

(e)  Knowingly permits any telephone under his or her control to be used for any purpose prohibited by this section.

Wis. Stat. § 947.0125. Unlawful use of computerized communication systems. (1995)

(1)   In this section, "message" means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature, or any transfer of a computer program, as defined in s. 943.70 (1) (c)

(2)   Whoever does any of the following is guilty of a Class B misdemeanor:

(a)  With intent to frighten, intimidate, threaten, abuse or harass another person, sends a message to the person on an electronic mail or other computerized communication system and in that message threatens to inflict injury or physical harm to any person or the property of any person.

(b)  With intent to frighten, intimidate, threaten, abuse or harass another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message threatens to inflict injury or physical harm to any person or the property of any person.

(c)  With intent to frighten, intimidate, threaten or abuse another person, sends a message to the person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.

(d)  With intent to frighten, intimidate, threaten or abuse another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.

(e)  With intent to frighten, intimidate, threaten or abuse another person, sends a message to the person on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his or her own identity.

(f)    While intentionally preventing or attempting to prevent the disclosure of his or her identity and with intent to frighten, intimidate, threaten or abuse another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message.

(3)   Whoever does any of the following is subject to a Class B forfeiture:

(a)  With intent to harass, annoy or offend another person, sends a message to the person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.

(b)  With intent to harass, annoy or offend another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.

(c)  With intent solely to harass another person, sends repeated messages to the person on an electronic mail or other computerized communication system.

(d)  With intent solely to harass another person, sends repeated messages on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the messages.

(e)  With intent to harass or annoy another person, sends a message to the person on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his or her own identity.

(f)    While intentionally preventing or attempting to prevent the disclosure of his or her identity and with intent to harass or annoy another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message.

(g)  Knowingly permits or directs another person to send a message prohibited by this section from any computer terminal or other device that is used to send messages on an electronic mail or other computerized communication system and that is under his or her control.

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