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(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 actor's 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 actor's 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.
(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 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.
If
you face a charge of stalking in Wisconsin, do not
try to muddle through it on you own. Retain an
experienced criminal attorney as soon as possible.
Call Madison criminal lawyer Robert T. Ruth at
608-257-2540 for a free consultation. |