Stalking Laws in Wisconsin (2026): Penalties Are Serious

Most people think stalking means following someone around with a camera. Wrong. In Wisconsin, stalking covers way more than that. Text messages, phone calls, showing up at someone’s workplace—all of this can land you in serious legal trouble. And the penalties? They’re no joke.

Let’s break down what you actually need to know about Wisconsin’s stalking laws. Trust me, some of these rules might surprise you.

What Is Stalking in Wisconsin?

Wisconsin defines stalking under statute 940.32. Basically, it’s when you engage in a pattern of behavior toward someone that causes them fear or emotional distress. The key word here is pattern. You need at least two separate acts. Yep, just two.

These acts have to show a continuity of purpose. What does that mean? It means your actions are connected and directed at the same person. One weird encounter might not be stalking. But two incidents that scare someone? That could be enough.

Here’s the important part. You don’t need to physically follow someone around. Stalking can happen entirely online or through phone calls. Makes sense, right?

What Counts as Stalking Behavior?

Wisconsin law lists specific behaviors that can be considered stalking. Let me break them down for you.

Physical Proximity and Contact

Staying near someone or watching them counts as stalking. So does approaching or confronting them directly. Even just being in the same area repeatedly can qualify if it causes fear.

Workplace and Home Intrusions

Showing up at someone’s job is a big one. Speaking with their coworkers or boss about them also counts. The same goes for appearing at their home or talking to their neighbors.

Hold on, this part is important. You don’t have to actually enter someone’s property. Just accessing it or driving by repeatedly can be enough.

Digital Stalking

This one catches a lot of people off guard. Contacting someone by phone, text, or email repeatedly is stalking. Even if they never answer. Even if you don’t leave a message. Just making their phone ring over and over can be a crime.

Social media counts too. Sending messages through Instagram, Facebook, or any other platform can qualify. So can repeatedly viewing their profiles or stories if it’s part of a pattern.

Recording and Surveillance

Taking photos or videos of someone without permission is stalking. This includes any kind of electronic monitoring. It doesn’t matter where you do it. Public place? Still counts.

Sending Unwanted Items

Delivering flowers, gifts, or any objects to someone can be stalking. This includes sending things to their family, roommates, or coworkers. Even if you think you’re being romantic, the law doesn’t care. If they don’t want it, it’s harassment.

Third-Party Contact

Here’s one most people miss. You can’t get around stalking laws by having someone else do your dirty work. Causing another person to contact your victim counts as stalking too.

How Many Acts Make It Stalking?

Two acts. That’s all it takes. And they can happen pretty close together. The Wisconsin statute says the acts can occur over time, however short or long. So even if everything happens in one day, it could still be stalking.

The catch? At least one of those acts needs to occur when you knew (or should have known) that your behavior was unwanted. Once someone tells you to stop, or it’s obvious they’re scared, any continued contact becomes extremely risky.

Not sure what counts as a violation? Let me be clear. If someone has asked you to leave them alone, any further contact is probably illegal. Period.

Special Rules for Prior Convictions

If you’ve been convicted of certain crimes against the same person, Wisconsin gets even tougher. With a prior conviction for sexual assault or domestic abuse against the victim, you only need ONE act to be charged with stalking.

That’s right. One text message. One drive-by. One contact. And you’re facing stalking charges.

What the Victim Must Experience

For stalking charges to stick, the victim has to experience specific things. They must suffer serious emotional distress or fear bodily harm or death. Not just for themselves, but this fear can extend to their family or household members too.

What’s serious emotional distress? Wisconsin defines it as feeling terrified, intimidated, threatened, harassed, or tormented. It’s a pretty broad definition.

Wondering if this applies to you? If your actions would make a reasonable person scared, that’s usually enough. You don’t get to decide if someone should be afraid. The law looks at what a typical person would feel.

Penalties and Consequences

Okay, here’s where things get serious. Stalking in Wisconsin is always a felony. Always. There are no misdemeanor stalking charges.

Basic Stalking Charges

Standard stalking is a Class I felony. You’re looking at up to three and a half years in prison. Plus fines up to $10,000. That’s the minimum level, and it’s already pretty harsh.

Enhanced Class H Felony

Several factors bump stalking up to a Class H felony. The penalties increase to six years in prison and $10,000 in fines. This happens when:

You have a prior conviction for a violent crime. The victim was under 18 years old. You accessed the victim’s personal information electronically. You’ve been convicted of a crime against the same victim in the last seven years. You used wiretapping or electronic surveillance.

Class F Felony: The Harshest Penalty

Stalking becomes a Class F felony in the most serious cases. Now we’re talking up to 12 and a half years in prison. Fines can reach $25,000.

Wait, it gets worse. Class F applies when:

You used a dangerous weapon during the stalking. The victim (or their family member) suffered bodily harm. You have prior violent crime convictions within the last seven years.

Sound complicated? It actually isn’t. Basically, if you hurt someone, threaten them with a weapon, or have a criminal history, you’re facing maximum penalties.

Real-World Application

Let me give you some examples so this makes sense.

Example 1: The Ex Who Won’t Stop

Jake and Sarah broke up. Jake texts Sarah asking to talk. She says no. He shows up at her apartment. She tells him to leave her alone. He sends flowers to her work the next day. That’s stalking. Two acts, continued after she said stop.

Example 2: The Online Harasser

Maria keeps messaging Tom on Instagram. He blocks her. She creates new accounts and keeps messaging. She comments on his posts repeatedly. She finds his friends and messages them about him. That’s stalking. Doesn’t matter that it’s all online.

Example 3: The Obsessive Coworker

David asks his coworker Lisa out. She says no. He starts parking near her car. He finds excuses to walk by her desk. He asks other coworkers about her personal life. Two weeks later, he’s charged with stalking.

Intent Doesn’t Matter (Much)

Here’s something that confuses people. You don’t need to intend to scare someone. The law says you just need to know (or should know) that your actions would cause fear or distress.

Personally, I think this is the part most people get wrong. You can’t claim you meant well. You can’t say you were just trying to be friendly. If a reasonable person would be scared, that’s enough.

What If There’s No Direct Communication?

You might think you’re safe if you never directly contact someone. You’re not. Watching from a distance counts. Driving by their house counts. Following them around town counts. All of this can be stalking even without a single word exchanged.

Electronic Stalking Details

Technology has changed stalking. Wisconsin updated its laws in 2021 to make this crystal clear. Any electronic communication that causes someone’s phone or device to ring or generate notifications repeatedly can be stalking.

This includes:

Phone calls (even if no one picks up). Text messages. Emails. Direct messages on social media. Comments on posts. Tags in photos. Any other electronic notification.

Honestly, this is probably the most common form of stalking now. Most people don’t realize how serious it is.

Restraining Orders and Stalking

If you’re being stalked, you can get a restraining order. Wisconsin has harassment restraining orders specifically for stalking victims. These orders tell the stalker to stay away from you.

How to Get a Restraining Order

First, file a petition with your county’s Clerk of Courts. You’ll fill out forms explaining what happened. Be specific. Include dates, times, and exactly what the person did.

The judge will review your petition. If they think you’re in immediate danger, they’ll issue a temporary restraining order (TRO). This happens fast, sometimes the same day. The TRO lasts until your court hearing, usually within 14 days.

At the hearing, both you and the respondent (the person you’re seeking protection from) can present evidence. If the judge grants the injunction, it can last up to four years.

There’s typically no filing fee for harassment restraining orders that involve stalking behavior. The sheriff will serve the papers for free too.

What the Order Does

A restraining order prohibits contact. The respondent can’t call, text, email, or message you. They can’t come near your home, work, or anywhere else you frequent. They can’t have anyone else contact you on their behalf.

If they violate the order? That’s a separate crime. They’ll face up to nine months in jail and $1,000 in fines just for the violation. Plus they still face the underlying stalking charges.

Defenses to Stalking Charges

Let’s be real. Sometimes stalking charges are exaggerated or false. There are legitimate defenses.

Lack of Intent or Knowledge

If you genuinely didn’t know your actions would cause fear, that might be a defense. This is tough to prove, though. Courts look at what a reasonable person would know.

Lawful Purpose

Some contact is protected. For example, process servers delivering legal documents. Law enforcement doing their job. Parents checking on their minor children. Employers tracking company vehicles.

Wisconsin law specifically says stalking doesn’t apply to conduct protected by freedom of speech or peaceful assembly. But this is a narrow exception. Don’t count on it to save you.

Lack of Course of Conduct

If you only contacted someone once, that’s not enough for stalking charges (unless you have prior convictions). The prosecution needs to prove at least two acts.

Mistaken Identity

Sometimes the wrong person gets accused. If you can prove you weren’t the one making contact, obviously you’re not guilty.

How to Report Stalking

Being stalked? Here’s what you should do. Like, right now.

Document Everything

Keep every text, email, voicemail, and message. Take screenshots. Save them in multiple places. Write down every incident with dates and times. Who was there? What exactly happened? The more detail, the better.

This documentation is crucial. Trust me, you’ll need it.

Report to Police

Call your local police department or dial 911 if you’re in immediate danger. File a police report. Be thorough. Give them copies of your documentation.

Don’t worry about sounding dramatic. If you’re scared, that matters. The police need to know.

Get a Restraining Order

Don’t wait for the stalking to escalate. File for a restraining order as soon as the behavior starts. You can go to your county courthouse and ask the Clerk of Courts for the forms. Many counties also have online filing options now.

The forms assistant on the Wisconsin Court System website can help you fill out the paperwork. It walks you through step by step.

Tell People You Trust

Inform your employer, neighbors, friends, and family. They need to know not to give out information about you. They can also serve as witnesses if needed.

Safety in numbers is real. Don’t isolate yourself.

Consider Getting an Attorney

For serious stalking cases, you might want a lawyer. They can help you navigate the restraining order process and deal with the criminal case if charges are filed.

What Not to Do If Accused

If someone accuses you of stalking, don’t panic. But also don’t make things worse.

Don’t Contact the Accuser

This should be obvious. Stop all contact immediately. Don’t try to explain yourself. Don’t apologize. Don’t send one last message. Just stop. Any contact you make will be used against you.

Don’t Delete Evidence

Keep all your messages, emails, and call logs. Don’t delete anything. This evidence might prove your innocence. Deleting it looks suspicious and can be a separate crime.

Don’t Talk About It

Don’t post about it on social media. Don’t discuss it with mutual friends. Don’t try to defend yourself publicly. Anything you say can and will be used against you in court.

Get a Lawyer Immediately

Stalking charges are serious. You need professional legal help. A criminal defense attorney can protect your rights and build your defense.

The Gray Areas

Some situations aren’t clearly stalking but come close. Let me explain.

Social Media Viewing

Just looking at someone’s public social media profiles probably isn’t stalking by itself. But combined with other actions? It might be. Repeatedly viewing their stories, liking old posts, or tracking their location through social media can be part of a stalking pattern.

Mutual Friends and Locations

What if you genuinely run into someone by accident? Or you have mutual friends? Context matters here. Once or twice might be coincidence. Ten times? That looks intentional.

Attempting to Reconcile

Trying to get back together with an ex isn’t automatically stalking. But if they’ve told you no and you keep pushing, you’re entering dangerous territory. Respect the rejection. Move on.

Recent Changes to the Law

Wisconsin updated its stalking statute in 2021. The main change? Making it explicitly clear that electronic stalking counts. The law now specifically mentions text messages, electronic messages, and causing someone’s device to generate notifications.

This wasn’t necessarily a new type of stalking. Courts already recognized digital harassment. But the 2021 update removed any doubt. Electronic stalking is 100% covered.

Statistics You Should Know

Stalking is more common than you might think. Over one million women and 370,000 men are stalked each year in the United States. Most stalking victims know their stalker. About 77% of female victims and 64% of male victims are stalked by someone familiar to them.

Here’s a scary statistic. In cases of intimate partner homicide, 76% of female victims were also stalked by their killer beforehand. Stalking escalates. It’s not harmless. It’s not flattering. It’s dangerous.

Protecting Yourself Online

Digital life makes stalking easier. Here are some practical tips for protecting yourself.

Lock Down Your Social Media

Make your accounts private. Don’t accept friend requests from people you don’t know. Be careful about what you post publicly. Your location, workplace, and daily routine are all valuable information to a stalker.

Use Privacy Settings

Most apps and services have privacy settings. Use them. Turn off location sharing. Don’t let apps post your location automatically. Review who can see your information.

Change Your Passwords

If you think someone might have access to your accounts, change everything. Use strong, unique passwords for each account. Enable two-factor authentication.

Monitor Your Digital Footprint

Google yourself. See what information is publicly available. You might be surprised. Remove what you can or make it harder to find.

Understanding “No Contact”

When someone asks you to stop contacting them, believe them. It doesn’t matter if you think you have a good reason to reach out. It doesn’t matter if you want to apologize or explain. No contact means no contact.

This includes:

No calls or texts. No emails. No messages on any platform. No letters or cards. No gifts or flowers. No showing up where they are. No contacting their friends or family. No indirect contact through others.

Pretty straightforward, right?

The Role of Fear in Stalking Cases

Remember, stalking charges require that the victim experiences fear or emotional distress. But this doesn’t mean they need to prove they were terrified every single moment. The question is whether a reasonable person in their position would feel fear.

Courts look at the totality of circumstances. One text might not be scary. But 50 texts in one night? That’s different. Following someone once might be coincidence. Following them every day for a week? That creates reasonable fear.

Frequently Asked Questions

Can I be charged with stalking if I never threatened anyone?

Yes. Stalking doesn’t require explicit threats. Actions that cause fear or emotional distress are enough. Even behavior you think is innocent can qualify if it scares the victim.

What if the person never told me to stop contacting them?

You don’t need a direct request to stop. If your actions would make a reasonable person afraid, that’s enough. However, once someone does tell you to stop, any continued contact is extremely risky.

Can texts and emails really be considered stalking?

Absolutely. Electronic communication is explicitly covered under Wisconsin law. Repeatedly contacting someone through texts, emails, or social media is stalking if it causes fear or distress.

What happens if I violate a restraining order?

Violating a restraining order is a separate crime. You can face up to nine months in jail and a $1,000 fine just for the violation. You’ll still face the original stalking charges too.

Can I be charged with stalking someone I’m in a relationship with?

Yes. Being in a relationship doesn’t give you the right to harass or frighten your partner. In fact, if you have prior convictions for domestic abuse or sexual assault against the same person, you need only one act of stalking behavior to face charges.

How long do stalking convictions stay on my record?

Forever. Felony convictions in Wisconsin don’t automatically disappear. A stalking conviction will show up on background checks for jobs, housing, and more. Some convictions may be eligible for expungement, but that’s a separate legal process.

What if I was just trying to make sure they were okay?

Your intent doesn’t protect you from stalking charges. The law looks at whether you knew or should have known your actions would cause fear or distress. Checking on someone who has asked you to leave them alone is still stalking.

Final Thoughts

Wisconsin takes stalking seriously. The penalties are harsh because the crime is serious. Stalking destroys people’s sense of safety and can escalate to violence.

If you’re being stalked, document everything and report it immediately. Get a restraining order. Tell people around you what’s happening. Don’t wait for it to get worse.

If you’ve been accused of stalking, stop all contact with the accuser right now. Get a lawyer. Don’t try to handle this yourself.

The bottom line? Respect people’s boundaries. When someone says stop, you stop. Simple as that. Stay safe out there, and remember that ignorance of the law isn’t a defense. Know the rules, follow them, and if you’re unsure, err on the side of leaving people alone.

References

1. Wisconsin State Statute 940.32 – Stalking: https://docs.legis.wisconsin.gov/document/statutes/940.32
2. Wisconsin Courts – Restraining Orders Information: https://www.wicourts.gov/services/public/selfhelp/restord.htm
3. Wisconsin Coalition Against Sexual Assault – Stalking and Harassment Laws: https://www.wcasa.org/wp-content/uploads/2020/01/Stalking-and-Harassment_Infosheet2019.pdf
4. Wisconsin State Law Library – Stalking Resources: https://wilawlibrary.gov/topics/justice/crimlaw/stalking.php
5. National Center for Victims of Crime – Stalking Resource Center: https://victimsofcrime.org/our-programs/stalking-resource-center/