What Counts as Stalking Under Wisconsin Law?

 Posted on July 07, 2025 in Criminal Defense

In general, stalking refers to the unwanted pursuit of a person, but the legal definition is more severe than that. Wisconsin has laws to prevent threatening contact, and the penalties for a stalking conviction can be steep. If you are facing a stalking charge, you have the right to fight it in court. An experienced Oconomowoc, WI stalking defense attorney can explain the legal defenses that apply to your case.

What Does Wisconsin Law Say About Stalking?

In Wisconsin, stalking is defined and criminalized under Wis. Stat. § 940.32. The law prohibits engaging in a "course of conduct" that causes a person to experience serious emotional distress or fear bodily injury or death to themselves or a family member. There is an emphasis on repeated acts that are intended to harass or intimidate someone.

For example, in the Wisconsin case of State v. Eichon, the defendant appealed a stalking conviction. He had engaged in repeated, unwanted contact with the victim, including following her and sending persistent messages. The court upheld the conviction, highlighting that even non-violent acts could constitute stalking if they cause fear or emotional distress.

While most stalking charges are Class I felonies, which is the least severe type of felony, certain factors can escalate the charge. For example, previous convictions can result in a more serious Class H felony, and actually causing bodily harm can move the charge up to a Class F felony. Class F is a serious offense. It can result in up to 12.5 years in prison and a $25,000 fine.

What Are the "Courses of Conduct" That Lead to a Stalking Charge in Wisconsin?

In Wisconsin, a stalking charge can arise from a range of repeated actions that create fear or significant distress for the victim. Maintaining a constant physical or visual presence, such as persistently following or watching someone, is one example. Confronting someone in public or private places and repeatedly attempting to engage them in conversation constitutes stalking. 

Victims sometimes complain about their stalkers showing up uninvited at their home or workplace. A person might contact the victim’s employer, coworkers, or neighbors, or appear at their home. Entering someone’s property without permission or placing objects there can also be seen as threatening or harassing. Persistent communication through any media can be evidence used against someone accused of stalking. In some cases, individuals deliver objects to family members of the victim to indirectly contact or unsettle them. These behaviors, when part of an ongoing pattern, can meet the legal standard for stalking. 

What Are the Possible Defenses for a Stalking Charge in Wisconsin?

Several defenses may apply to a stalking charge:

• Lack of intent: You did not intend to cause fear or distress.

• Lawful purpose: Your actions were for a legitimate reason, like serving legal papers or employment duties.

• Single incident: There is no pattern or course of conduct to indicate stalking.

• False allegations: The accusations were the result of misunderstandings.

• Lack of fear or distress: The alleged victim did not actually experience fear or distress.

Contact a Waukesha, WI Stalking Defense Attorney Today

If you are facing stalking or harassment charges, having an experienced advocate can make a significant difference in your case. An experienced Oconomowoc, WI stalking defense lawyer from Bucher, Wolff & Sonderhouse, LLP will help you identify the right defense strategy based on the details of your case. Call 262-232-6699 today to schedule your free consultation.