940.32 Stalking.
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/wi/chapter-940/940-32A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
940.32 Stalking.
(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 victim’s workplace or contacting the victim’s employer or coworkers.
4. Appearing at the victim’s home or contacting the victim’s neighbors.
5. Entering property owned, leased, or occupied by the victim.
6. Contacting the victim by telephone, text message, electronic message, electronic mail, or other means of electronic communication or causing the victim’s telephone or electronic device or any other person’s telephone or electronic device to ring or generate notifications repeatedly or continuously, regardless of whether a conversation ensues.
6m. Photographing, videotaping, audiotaping, 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 to the victim any physical or electronic material or contacting the victim by any means, including any message, comment, or other content posted on any Internet site or web application.
7m. Sending to a member of the victim’s family or household, or any current or former employer of the victim, or any current or former coworker of the victim, or any friend of the victim any physical or electronic material or contacting such person by any means, including any message, comment, or other content posted on any Internet site or web application for the purpose of obtaining information about, disseminating information about, or communicating with 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 victim’s 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
(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 actor’s 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.
(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 actor’s 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
(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.