Can You Be Charged with Stalking in Wisconsin?

 Posted on May 07, 2026 in Criminal Defense

According to the CDC's National Intimate Partner and Sexual Violence Survey, an estimated 359,000 women in Wisconsin have experienced stalking in their lifetimes, a figure that drives prosecutors and courts to treat these charges with little leniency. In 2026, a conviction under state law can mean years in prison, thousands of dollars in fines, and a permanent felony record. 

Whether the accusation grew out of a breakup, a contentious divorce, or a situation that got out of hand, you have the right to a strong defense if you’re being accused of stalking. Our Racine County, WI, criminal defense lawyer can help you fight back.

How Does Wisconsin Law Define Stalking?

Under Wisconsin Statute § 940.32, stalking means engaging in a course of conduct directed at a specific person that the actor knows or should know will cause the person to suffer serious emotional distress or place them in reasonable fear of bodily injury or death. The law also requires that the conduct actually does cause that distress or fear.

"Course of conduct" means two or more acts that show a continuity of purpose. Those acts can include repeatedly showing up near someone, contacting their employer or neighbors, entering property they occupy, or sending repeated messages by phone, text, email, or social media.

What Kinds of Behavior Can Lead to a Stalking Charge in Wisconsin?

Wisconsin’s law on stalking covers a wide range of behavior. Many stalking cases do not involve a stranger lurking in the shadows. They often grow out of personal situations like a divorce, a difficult breakup, or a workplace conflict. Under Wisconsin Statute § 940.32, any of the following can count as one of the qualifying acts:

• Maintaining a physical or visual presence near the victim

• Appearing at the victim's home or workplace

• Contacting the victim's neighbors, coworkers, or employer

• Sending repeated calls, texts, emails, or social media messages

• Recording or monitoring the victim's activities

• Causing another person to carry out any of the above acts

In 2021, Wisconsin updated the law to clarify that stalking can include electronic conduct, such as repeated contact through text messages, social media, and other online platforms.

What Are the Penalties for a Stalking Conviction in Wisconsin?

The base stalking charge under Wisconsin Statute § 940.32 is a Class I felony. A conviction carries a sentence of up to three years and six months in prison and a fine of up to $10,000. Those are the minimum stakes, and they can go up quickly depending on the circumstances.

The charge rises to a Class H felony, which carries up to six years in prison, if the victim was under 18 at the time. It becomes a Class F felony, which carries up to 12 years and six months in prison, if the person used a dangerous weapon during the stalking. A prior conviction involving the same victim within seven years can increase the severity of the charge under Wisconsin law.

What Defenses May Apply to a Stalking Charge in Wisconsin?

The state has to prove every element of the charge beyond a reasonable doubt. That gives a skilled defense attorney several angles to challenge the case. Some defenses that may apply include:

• The conduct did not meet the legal definition of a course of conduct.

• The state cannot prove all elements required for a stalking charge.

• There is no proof the defendant knew or should have known the behavior would cause fear or distress.

• The alleged victim did not actually suffer emotional distress or fear.

• The contact was a protected communication or a lawful assembly under the First Amendment.

Every case turns on its own facts. The right defense depends on exactly what the state claims happened and what evidence they have to support it.

Contact a Racine County, WI Stalking Defense Attorney for a Free Consultation

A stalking charge can upend your life, and the outcome depends heavily on who is in your corner. Attorney Bucher spent 20 years as the Waukesha County District Attorney and has litigated thousands of cases, including many of the most high-profile and complicated criminal cases in the state. He knows exactly how prosecutors build stalking cases and where those cases can be challenged. That experience makes a real difference when your future is on the line. Call 262-446-9222 today to schedule a free consultation with a Waukesha County, WI criminal defense lawyer at Bucher Law Group, LLC.