Stalking

Stalking in Wisconsin is defined as actions aimed at someone occurring on two different occasions spanning any period of time, and on one of these occasions the alleged stalker becomes aware that their advances are not welcome. The prosecution to charge a person with stalking can utilize some of the following behaviors, while legal.

Actions Defining Wisconsin´s Stalking Law:
-Maintaining a visual or physical closeness to the victim
-Approaching or confronting the victim.
-Appearing at the victim's workplace or contacting the victim´s employer or coworkers.
-Appearing at the victim´s home or contacting the victim's neighbors.
-Entering property owned, leased, or occupied by the victim.
-Contacting the victim by telephone or causing the victim's telephone or any other person´s telephone to ring repeatedly or      continuously, regardless of whether a conversation ensues.
-Audio taping, photographing, video taping, or, through any other electronic means, monitoring or recording the activities of      the victim, this applies regardless of where the act occurs.
-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.
-Or making another party commit any of the above actions, such as UPS.

The Wisconsin legislature explicitly included in the statute that these ´actions´ that define stalking in Wisconsin do not apply to any actions or conduct protected by all peoples basic right to freedom of speech or peaceful assembly under the state and US constitutions.

Terms used in Wisconsin Stalking Law:
The person carrying out the actions is referred to as the alleged "stalker"; the person who is receiving these actions is referred to as the alleged "victim."
The alleged victim declares that the actions made them feel threatened, tormented, intimidated, terrified, or harassed.
Or, the alleged victim states that they feared bodily harm or death of themselves, a family member, or a current resident in their home.
The alleged stalker was informed, or should have at least become aware, that on one of the days the alleged victim experienced or should have experienced emotional distress.
Or, the alleged victim did or ought to have feared bodily harm or death of themselves, a family member, or a current resident in their home.
The actions were intended to make the alleged victim feel threatened, tormented, intimidated, terrified, or harassed.
The actions were intended to make the alleged victim fear bodily harm or death of him or herself, a family member, or a current resident in their home.

Criminal "Stalking" in Wisconsin — Classes of the Crime

Class I Felony
Whether or not the alleged stalker and victim have ever had any type of contact outside of the two instances from the ´actions´ list, if all of the ´criteria´ is met, the alleged stalker can be charged with a Class I Felony, which carries a fine of up to $10,000, or maximum of three and a half years in prison, or both.

If the alleged stalker was convicted of sexual assault or domestic abuse against the alleged victim prior to this incident, then the State can charge the alleged stalker with a felony if only one incident from the ´directed actions´ list has occurred, assuming all the items on the ´criteria´ list, except the first two, are also alleged.

Class H Felony
If the alleged stalker had been convicted of a violent crime against any person, or was convicted of stalking any person prior to this incident, then they can be charged with a Class H Felony, which carries a maximum of six years in prison, or a $10,000 fine, or both.

If the alleged stalker was convicted of a crime against the same victim within the past seven years, that the alleged stalker can be charged with a Class H Felony.

If the alleged stalker intentionally intercepts a wire, electronic, telephone, or oral communication containing the alleged victims personal data, or uses any other means to obtain information in order to carry out the alleged stalking, the alleged stalker can be charged with a Class H Felony.

The alleged stalker can be charged with a Class H Felony if, at the time of the stalking, the alleged victim is less the 18 years old.

Class F Felony
The alleged stalker can be charged with a Class F Felony if the alleged stalking actions result in bodily harm or death of themselves, a family member, or a current resident in their home. The Class F Felony carries a maximum prison sentence of twelve and a half years and a fine up to $25,000 or both.

The use of a deadly weapon by the alleged stalker to execute any of the ´actions´ can lead to the alleged stalker being charged with a Class F Felony.

Prior convictions of certain crimes can cause the alleged stalker to be charged with a Class F Felony, these convictions include: Burglary, murder, sexual assault, use of a deadly weapon, arson, explosives, mayhem, physical abuse of a child, sexual exploitation of a child, solicitation of a child for prostitution, causing a child to view or listen to sexual activity, abduction of another’s child. If in the past seven years the alleged stalker was previously convicted of stalking the alleged victim then they can be charged with a Class F Felony.