WISCONSIN
S940.32 Stalking.
(1) In this section:
(a) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person. (b) "Immediate family" means a spouse, parent, child, sibling, or any other person who regularly resides in the household or who within the prior 6 months regularly resided in the household.
(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.
(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) "Repeatedly" means on 2 or more calendar days.
(2) Whoever meets all of the following criteria is guilty of a Class A misdemeanor:
(a) The actor intentionally engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to himself or herself or a member of his or her immediate family or to fear the death of himself or herself or a member of his or her immediate family.
(b) The actor has knowledge or should have knowledge that the specific person will be placed in reasonable fear of bodily injury to himself or herself or a member of his or her immediate family or will be placed in reasonable fear of the death of himself or herself or a member of his or her immediate family.
(c) The actor's acts induce fear in the specific person of bodily injury to himself or herself or a member of his or her immediate family or induce fear in the specific person of the death of himself or herself or a member of his or her immediate family.
(2m) Whoever violates sub. (2) is guilty of a Class D 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. (2).
(3) Whoever violates sub. (2) under any of the following circumstances is guilty of a Class E felony:
(a) The act results in bodily harm to the victim.
(b) The actor has a previous conviction under this section or s. 947.013 (1r), (1t), (1v) or (1x) for a violation against the same victim and the present violation occurs within 7 years after the prior conviction.
(3m) Whoever violates sub. (3) under all of the following circumstances is guilty of a Class D felony:
(a) The person has a prior conviction under sub. (2), (2m) or (3) or this subsection or s. 947.013 (1r), (1t), (1v) or (1x).
(b) The person intentionally gains access to a record in order to facilitate the current violation under sub. (3).
(4) (a) This section does not apply to conduct that is or acts that are protected by the person's right to freedom of speech or to peaceably assemble with others under the state and U.S. constitutions, including, but not limited to, any of the following:
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.
