Stalking. (1) In this section: (a) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person. (b) "Immediate family" means a spouse, parent, child, sibling, or any other person who regularly resides in the household or who within the prior 6 months regularly resided in the household. (cg) "Personally identifiable information" has the meaning given in s. 19.62(5). (d) "Repeatedly" means on 2 or more calendar days.
(2) Whoever meets all of the following criteria is guilty of a Class A misdemeanor: (a) The actor intentionally engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to himself or herself or a member of his or her immediate family or to fear the death of himself or herself or a member of his or her immediate family. (b) The actor has knowledge or should have knowledge that the specific person will be placed in reasonable fear of bodily injury to himself or herself or a member of his or her immediate family or will be placed in reasonable fear of the death of himself or herself or a member of his or her immediate family. (c )The actor's acts induce fear in the specific person of bodily injury to himself or herself or a member of his or her immediate family or induce fear in the specific person of the death of himself or herself or a member of his or her immediate family.
(2m) Whoever violates sub. (2) is guilty of a Class D 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. (2).
(3) Whoever violates sub. (2) under any of the following circumstances is guilty of a Class E felony: (a) The act results in bodily harm to the victim. (b) The actor has a previous conviction under this section or s. 947.013(1r), (1t), (1v) or (1x) for a violation against the same victim and the present violation occurs within 7 years after the prior conviction.
(3m) Whoever violates sub. (3) under all of the following circumstances
is guilty of a Class D felony: (a) The person has a prior conviction under
sub. (2), (2m) or (3) or this subsection or s. 947.013(1r), (1t), (1v) or
(1x). (b) The person intentionally gains access to a record in order to
facilitate the current violation under sub. (3).
Source: s. 940.32, Wisconsin Statutes
HARASSMENT. (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 [domestic abuse restraining orders or injunctions], 813.122 [child abuse restraining orders and injunctions] or 813.125 [harassment restraining orders and injunctions] that prohibits or limits his or her contact with the victim.
(1t) Whoever violates sub. (1r) is guilty of a Class E felony if the person has a prior conviction under this subsection or under sub. (1r), (1v) or (1x) or s. 940.32(2), (2m), (3) or (3m) 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 D 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 D felony: (a) The person has a prior conviction under sub. (1r), (1t) or (1v) or this subsection or s. 940.32(2), (2m), (3) or (3m). (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
Source: s. 947.013, Wisconsin Statutes
Penalties for a Class D felony (s. 939.50(3)(d)) = a fine not to exceed
$10,000 or imprisonment not to exceed 5 years, or both.
Penalties for a Class E felony (s. 939.50(3)(e)) = a fine not to exceed
$10,000 or imprisonment not to exceed 2 years, or both.
Penalties for a Class A misdemeanor (s. 939.51(3)(a)) = a fine not to exceed
$10,000 or imprisonment not to exceed 9 months, or both.
This information was revised in 1997 by the Wisconsin Coalition Against Sexual Assault (WCASA). WCASA is a membership organization of sexual assault centers and other organizations and individuals throughout Wisconsin who are working to end sexual violence. For information sheets on additional topics or for membership information, contact WCASA, 123 E. Main Street, Madison, WI 53703, (608) 257-1516. For more information about sexual assault or to receive support around a sexual assault experience, contact your local sexual assault program. This sheet may be reproduced with acknowledgment to WCASA.
