Stalking is a felony in Wisconsin. Contact Van Severen Law Office at (414) 270-0202 to learn how we help clients defend against these allegations.
Section 940.32 of the Wisconsin Statutes prohibits stalking. This law applies when you repeatedly engage in conduct that would cause a reasonable person to suffer emotional distress or fear physical harm. Importantly, the state must prove you intentionally acted on at least two separate occasions. Stalking is at least a Class I felony in Wisconsin. You could receive up to a 3.5 year sentence and pay fines reaching $10,000.00. Unlike misdemeanor charges, this crime carries actual prison time; a Class I felony carries a maximum sentence of 1.5 years initial confinement followed by 2 years extended supervision.
Certain factors make stalking charges more severe. The offense escalates when you violate a restraining order or injunction while engaging in the conduct. Stalking a person under 18 years old also increases the criminal classification. The most serious versions of this charge involve dangerous weapons or situations where the victim suffers bodily harm. These aggravated circumstances can result in significantly longer prison sentences.
Many stalking cases arise from complex personal situations. Divorce proceedings, contentious breakups, and workplace disputes frequently lead to these accusations. The law requires prosecutors to demonstrate a pattern of behavior rather than isolated incidents. Context matters in these cases. What one person views as persistent contact, another might see as harassment. The statute applies an objective standard based on how a reasonable person would react to the conduct.
Van Severen Law Office, S.C. defends people facing stalking charges across Wisconsin. We understand these cases carry consequences that reach far beyond the courtroom. A conviction affects your criminal record, professional licenses, and personal relationships. Our defense attorneys provide aggressive representation from the investigation stage through trial. Call us at (414) 270-0202 for a free consultation about your case.
Is my stalking case a Class H, I, or F felony?
For a Class I felony, all of the following must be the case:
a) The defendant intentionally engaged 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 a member of his family/household; and b) The defendant knew or should have known 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 a member of his family/household; and c) The defendant’s acts cause the specific person to suffer serious emotional distress or induce fear in the person of bodily injury to, or the death of himself, or a member of his family/household.
This is one of the most basic forms of stalking according to Wisconsin law. Although it’s a felony, aggravating factors are not present. This is the lowest level stalking charge in the state.
Stalking could result in a Class I felony in a different way. All of the following must be true:
a) After having been convicted of sexual assault or domestic violence, the defendant engaged in a course of conduct, if the act is directed at the victim of the sexual assault or the domestic violence; and b) The actor knew or should have known that the act would cause the specific person to suffer serious emotional distress or place the person in reasonable fear of bodily injury to or death of himself, or a member of his family; and c) The act caused 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 a member of his family.
This charge is very similar to the first version of stalking, but requires some criminal history between the victim and defendant. While also a Class I felony, the previously relationship could result in a more aggressive prosecution from the government.
Stalking can be a Class H felony if any of the following applies:
a) The defendant has been previously convicted of a violent crime. b) The defendant has a previous conviction for a crime involving the same victim (domestic violence or sexual assault), and the previous violation occurred within 7 years. c) The defendant intentionally gained access or caused another person to gain access to an electronic record that contains personal information regarding the victim, in order to facilitate the violation. d) The person illegally intercepted wire, electronic, or oral communication, or used a pen trap or trap and trace device to facilitate the crime. e) The victim is under the age of 18 years old at the time of the crime.
Lawmakers decided that the aggravated circumstances listed above were enough to increase criminal exposure in a stalking case from a Class I felony to a Class H felony. That move double the penalty, and leads to a total exposure of 6 years prison. That 6 year prison term breaks down into maximums of 3 years initial confinement and 3 years extended supervision.
In the most serious cases, stalking can be a Class F felony if any of the following applies:
a) The act resulted in bodily harm to the victim or a member of the victim’s family/household. b) The defendant has been convicted of a violent crime, and the victim is the same, and the previous crime occurred within 7 years. c) The defendant used a dangerous weapon while carrying out the course of conduct.
A Class F felony in Wisconsin is punishable by up to 12.5 years prison. That term breaks down into 7.5 years initial confinement and 5 years extended supervision. This is the most serious form of stalking and the penalty certainly emphasizes this.
Does the government need to show the victim received treatment?
For any of the above-listed crimes, the prosecutor does not need to show that the victim received treatment from a mental health professional/counselor in order to prove the victim suffered serious emotional distress.
Whether the victim actually suffered serious emotional distress is a factor that can be argued at trial. In order to show serious emotional distress the State needs to show that the victim felt terrified, intimidated, threatened, harassed, or tormented. An aggressive stalking defense attorney could cross-examine the victim aggressively and, if the facts support it, argue that the victim never experienced serious emotional distress. Certainly the jury must find you not guilty if it does not find support for the elements of the crime.
Prosecutors often present evidence beyond the victim’s testimony to establish emotional distress. Text messages to friends describing fear, changes in daily routines like altering work schedules or moving residences, and witness testimony from people who observed the victim’s behavior can all support the state’s case. The prosecution might introduce evidence showing the victim installed security systems, obtained a restraining order, or reported the conduct to police.
The absence of professional treatment does not doom the state’s case, but it can create opportunities for your defense. Your attorney can highlight this gap during cross-examination and closing arguments. If the alleged distress was truly serious, why did the victim never seek help? Why are there no medical records, no prescriptions for anxiety medication, and no therapy sessions? These questions can plant reasonable doubt in jurors’ minds.
The state bears the burden of proving each element beyond a reasonable doubt. Your attorney does not need to prove you’re innocent. If the evidence fails to establish serious emotional distress to the required standard, the jury must acquit you. A skilled defense lawyer identifies weaknesses in the prosecution’s case and exploits them throughout trial.
Stalking is a felony-level criminal offense in Wisconsin, with maximum penalties ranging between 3.5 years prison and 12.5 years prison. Facing a stalking allegation is incredibly serious, and should be handled in the same manner.
If you’re looking for a stalking defense attorney, contact one of our criminal defense attorneys
Stalking charges threaten your freedom, reputation, and future opportunities. These allegations often arise from misunderstandings, relationship conflicts, or exaggerated claims. The criminal justice system moves quickly, and delays in building your defense can hurt your case. Early intervention by an experienced attorney makes a significant difference in outcomes.
Van Severen Law Office, S.C. handles stalking cases throughout Wisconsin. We investigate the allegations against you, challenge weak evidence, and hold prosecutors to their burden of proof. Our defense attorneys understand the sensitive nature of these charges and the collateral damage a conviction causes. We fight aggressively while recognizing the personal circumstances surrounding your case.
You deserve a defense team that takes your case seriously from day one. We analyze police reports, interview witnesses, examine digital evidence, and develop strategies tailored to your specific situation. Many stalking cases involve credibility battles where competing narratives exist. We prepare thoroughly for trial while pursuing favorable resolutions when appropriate.
Contact our Milwaukee criminal defense lawyers for a free consultation at (414) 270-0202. We respond quickly to new cases and provide honest assessments of your situation. Don’t face these charges alone.
Frequently asked questions about stalking in Wisconsin:
Is stalking a felony in Wisconsin?
Yes, stalking is a Class I felony in Wisconsin under Section 940.32. A conviction carries up to 3 years and 6 months in prison and fines reaching $10,000. Aggravating factors like violating a restraining order or using a dangerous weapon can elevate the charge to Class H or Class F felony with significantly longer prison sentences.
How many incidents does it take to be charged with stalking?
Wisconsin law requires at least two separate acts that form a course of conduct directed at a specific person. A single incident or isolated encounter does not meet the statutory definition of stalking. The acts must demonstrate a pattern of behavior over time.
Can I be charged with stalking for sending text messages or emails?
Yes, digital communication can constitute stalking in Wisconsin. Repeatedly sending unwanted emails, text messages, or social media messages can meet the statutory requirements when the behavior causes serious emotional distress or fear. Physical contact is not required for a stalking charge.
Do I need a lawyer if I’m charged with stalking?
The law allows for you to defend yourself when facing criminal charges. That being said, we practice criminal law every single day. We know the ins and outs of the criminal justice system and think most defendants benefit from the advice of criminal defense counsel.
Can stalking charges be dropped or dismissed?
Stalking charges can be dismissed if the prosecution cannot prove all required elements beyond a reasonable doubt. Your attorney may negotiate with prosecutors for reduced charges or file motions to dismiss based on insufficient evidence. The alleged victim cannot simply drop charges once filed, but their cooperation affects the state’s ability to prove its case.
