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Charged With Stalking in Wisconsin? What You Need to Know

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Stalking is a serious criminal offense in Wisconsin and penalties can be severe, particularly in certain circumstances.

What is “Stalking”?

In Wisconsin, “stalking” goes beyond mere harassment. Stalking is engaging in two or more separate acts, on separate occasions, including any of the following:

  • Keeping physical or visual proximity to the victim
  • Confronting or approaching the victim
  • Showing up at the victim’s workplace
  • Contacting the victim’s coworkers or employer
  • Contacting the victim’s neighbors, friends, or family members
  • Showing up at the victim’s home
  • Entering the victim’s property
  • Calling the victim on the telephone
  • Sending gifts
  • Electronically monitoring or recording the victim’s activities, such as photographing or videotaping

To be convicted of stalking, the prosecution must not only prove these actions occurred, they also must prove beyond a reasonable doubt that the victim felt threatened, intimidated, harassed by the behavior, or was in fear of bodily injury or death.

Penalties for Stalking in Wisconsin

Stalking is a Class I Felony with penalties of up to 3 ½ years in prison, a $10,000 fine, or both.

In some circumstances, stalking is a Class H Felony with penalties of up to 6 years in prison, a $10,000 fine, or both.

The increased penalties can happen when the accused:

  • Has previously been convicted of a crime against the victim
  • Previously caused injury to the victim
  • Committed identity theft against the alleged victim; or if
  • The alleged victim was under 18 years old at the time of the incidents

Stalking is a Class F Felony, with penalties of up to 12 ½ years in prison and a fine up to $25,000, or both in these circumstances:

  • The offense resulted in bodily harm to the victim, victim’s family, or household member
  • A dangerous weapon was used in the offense; or
  • In the previous 7 years, the defendant was convicted of stalking, domestic abuse, sexual assault, certain criminal harassment crimes, or certain violent crimes

If you have been charged with stalking in Wisconsin, speak to an experienced criminal defense attorney immediately.

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