Legal Definitions of Stalking
Wisconsin’s Stalking and Harassment laws [pdf]
- Stalking is committed by one who intentionally engages in a course of conduct directed at a specific person; AND
- the actor’s conduct did actually cause the specific person to suffer serious emotional distress OR to fear bodily injury or death to himself, herself, or a member of his or her family/household; AND
- the actor’s conduct would cause a reasonable person to suffer serious emotional distress OR to fear bodily injury or death to himself, herself, or a member of his or her family/household; AND
- the actor knows or should know that at least one of the acts will cause the person to suffer serious emotional distress OR place the person in reasonable fear of bodily injury or death to himself, herself, or a member of his or her family/household.
Serious emotional distress includes feeling terrified, intimidated, threatened, harassed, or tormented.
Penalties for Stalking
- Stalking is a Class I felony punishable by up to 1-1/2 years in prison.
- The penalty for stalking increases to a Class H felony punishable by up to three years in prison if the stalker:
- has a previous conviction for a violent crime
- has a previous conviction for a crime involving the same victim within the past seven years
- gains electronic access to the victim’s personal records
- intercepts wire, electronic, or oral communication OR
- stalks someone under the age of 18.
- The penalty for stalking increases to a Class F felony punishable by up to 7-1/2 years in prison if the stalker:
- caused bodily harm to the victim or a member of his or her family/household
- has a previous conviction for a violent crime involving the same victim within the past seven years OR
- used a dangerous weapon in any of the acts
Katherine Plominski, University of Wisconsin Law School, 9/2007
If the Division of Student Life finds a student guilty of stalking, the penalty may range from a reprimand to expulsion from the university, depending on the situation.
A more detailed description of the UW Systems Student Nonacademic Disciplinary Procedures is available.
