Wisconsin’s definition of stalking consists of directed conduct occurring on two separate occasions over any period of time, during one of which the alleged stalker became aware that his or her advances were not welcome. Some of the following behaviors, otherwise legal, can be used by a prosecutor to charge a person with the crime of stalking. ACTIONS DEFINING WISCONSIN’S STALKING LAW Watching or remaining in close physical proximity to another person, Speaking to or confronting another person, Visiting the place of employment of another person, Speaking with the coworkers of another person, Visiting the home of another person, Speaking with the neighbors of another person, Walking, driving, biking, or accessing in any manner the property owned, leased, or simply occupied by another person, Contacting another person by phone, Attempting to contact another person by phone at least twice without a conversation taking place, Photographing, video taping, audio taping, or otherwise recording the other person, regardless of where these recordings might take place, Delivering flowers or any other object to another person, any member of their family or any person who currently or in the past 6 months has resided in their household, to their employer or to any coworker or friend, Or causing any of the above actions to be committed by another, such as a flower shop delivery service, a fed-ex truck, or any other agent. It should be noted that the Wisconsin legislature specifically included in the statute that the ‘actions’ defining Wisconsin’s stalking law do not apply to actions and conduct protected by every person’s basic right to freedom of speech or to peaceful assembly, nor to labor disputes. TERMS USED IN WISCONSIN’S STALKING LAW The person performing the actions is called the alleged “stalker”; the person towards whom these sorts of actions are directed, of course, is allegedly a “victim”. The alleged victim claims that the actions caused them to feel tormented, harassed, threatened, intimidated, or terrified, or Alternatively, the alleged victim claims that they feared bodily injury or death of their own self, a family member, or a person who currently or has in the past 6 months resided in their home, and The alleged stalker became aware, or should at least have become aware, that on at least one of the days the alleged victim felt or should have felt emotional distress, or Alternatively, the alleged victim did or should have feared bodily injury or death to their own self, to a family member, or to a person who currently or has in the past 6 months resided in his/her home, and The actions were the actual cause for the alleged victim to feel tormented, harassed, threatened, intimidated, or terrified, or The actions were the actual cause for the alleged victim’s fear of bodily injury or death to their own self, a family member, or a person who currently or has in the past 6 months resided in his/her home. CRIMINAL “STALKING” IN WISCONSIN – CLASSES OF THE CRIME Class I Felony Regardless of whether the alleged stalker and alleged victim have ever had any other contact other than two incidence from the ‘actions’ list, if all of the ‘criteria’ is met, the alleged stalker may be charged with a Class I Felony, which may result in a fine of up to $10,000, or imprisonment of up to 3 ½ years, or both. If the alleged stalker was also previously convicted for having committed a sexual assault or domestic abuse against the alleged victim, then the State may charge the alleged stalker with a felony even where there is only one incident from the ‘directed actions’ list, so long as all but the first two items in the ‘criteria’ list are also alleged. Class H Felony If the alleged stalker was previously convicted for a violent crime against any other person, or was convicted for stalking any other person, they may be charged with a Class H Felony, which may result in fines up to $10,000, imprisonment for up to 6 years, or both. If within the past 7 years the alleged stalker was previously convicted of a crime against the same alleged victim named in the later charge, the alleged stalker may be charged with the more serious Class H Felony. If the alleged stalker intentionally accesses personal electronic data, intercepts a telephone, wire, electronic or other oral communication, or traps or traces information containing the alleged victim’s personal data in order to facilitate the alleged stalking, the alleged stalker may be charged with a Class H Felony. If the alleged victim is under the age of 18 years at the time of the alleged stalking, the alleged stalker may be charged with a Class H Felony. Class F Felony If the alleged stalking actions result in bodily harm to the alleged victim or a member of the alleged victim’s family or a person who recently or currently resides in the victim’s home, the alleged stalker may be charged with a Class F Felony, which may result in fines up to $25,000, or imprisonment for up to 12 ½ years, or both. If the alleged stalker was also convicted of murder, homicide, mayhem, sexual assault of an adult or a child, use of a deadly weapon, arson, explosives, burglary, physical abuse of a child, sexual exploitation of a child, causing a child to view or listen to sexual activity, child enticement, solicitation of a child for prostitution, or abduction of another’s child, or had previously been convicted of stalking the alleged victim within the past 7 years, the alleged stalker may be charged with a Class F Felony. If the alleged stalker uses a dangerous weapon to carry out any of the ‘actions’, the alleged stalker may be charged with a Class F Felony. Free but professional "first-impression" analysis If you are under investigation or have been arrested for any crime, or if you have already been convicted of a crime and believe your conviction to be wrong or your sentence too harsh, please call (608) 350-1004 or email the Attorneys at Tracey Wood & Associates right away. An Attorney at Tracey Wood & Associates will provide you with a brief but professional free "first-impression" analysis of your appeal based on the facts that you are able to convey. You can also submit your case online or email the attorneys.
OWI DUI Attorney Tracey Wood commonly works in the following Counties: Adams, Ashland,Barron,Bayfield,Brown,Buffalo,Burnett,Calumet,Chippewa,Clark,Columbia,Crawford,Dane,Dodge,Door,Douglas,Dunn,Eau Claire,Florence,Fond du Lac,Forest, Grant,Green,Green Lake,Iowa,Iron,Jackson,Jefferson,Juneau,Kenosha,Kewaunee,La Crosse,Lafayette,Langlade,Lincoln,Manitowoc,Marathon,Marinette,Marquette,Menominee, Milwaukee,Monroe,Oconto,Oneida,Outagamie,Ozaukee,Pepin,Pierce,Polk,Portage,Price,Racine,Richland,Rock,Rusk,Sauk,Sawyer,Shawano,Sheboygan,St. Croix,Taylor,Trempealeau, Vernon,Vilas,Walworth,Washburn,Washington,Waukesha,Waupaca,Waushara,Winnebago,Wood
Please take notice that although the law firm of Tracey Wood & Associates website contains a large amount of accurate and useful legal information about drunk driving, OWI, DUI, Sex Crimes, Expungement and other serious crimes, it is not intended to be used as legal advice. Only an attorney can counsel you on your specific case. Please contact the attorney at Tracey Wood & Associates immediately should you find yourself charged with a Drunk Driving in Wisconsin, a DUI (Driving Under the Influence), OWI (Operating Under the Influence) or any other serious crime in Wisconsin at (608) 350-1004. Even if your researching drunk driving laws or sex crime laws in Wisconsin, Lawyer Tracey Wood can assist you.