Wisconsin
Wis.
(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
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.
(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
Related Offenses
(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.
(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.
(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.
(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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Stalking Law information for this state was obtained from the National Center for Victims of Crime.
The information contained on this website is meant as informational only and should not be interpreted as professional legal advice. We make every effort to be sure that we have the most up to date content and learning resources available, but laws change constantly and this information may not represent the law currently in effect. Please consult with an attorney for professional legal advice.
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