LRB-0867/4
MGD:jld:jf
2001 - 2002 LEGISLATURE
February 13, 2002 - Introduced by Senators Burke, Huelsman, Darling, George,
Hansen, Moore, Plache, Roessler and Schultz, cosponsored by
Representatives Wieckert, Hundertmark, Boyle, Coggs, Hahn, Kaufert, La
Fave, Ladwig, Lassa, J. Lehman, McCormick, Meyerhofer, Musser, Pocan,
Ryba, Shilling, Sinicki, Stone, Sykora, Turner, Berceau and Freese.
Referred to Committee on Judiciary, Consumer Affairs, and Campaign
Finance Reform.
SB440,1,9
1An Act to repeal 940.32 (1) (d) and 940.32 (3m);
to renumber and amend
2940.32 (1) (a), 940.32 (1) (b) and 940.32 (2m);
to amend 940.32 (2) (intro.),
3940.32 (2) (a), 940.32 (2) (b), 940.32 (2) (c), 940.32 (3) (intro.), 940.32 (3) (a),
4940.32 (3) (b), 947.013 (1t) and 947.013 (1x) (a); and
to create 940.32 (1) (a) 1.,
5940.32 (1) (a) 2., 940.32 (1) (a) 3., 940.32 (1) (a) 4., 940.32 (1) (a) 5., 940.32 (1)
6(a) 6., 940.32 (1) (a) 7., 940.32 (1) (a) 8., 940.32 (1) (a) 9., 940.32 (1) (a) 10., 940.32
7(1) (a) 11., 940.32 (1) (am), 940.32 (1) (ap), 940.32 (1) (cd), 940.32 (2e), 940.32
8(2m) (a), 940.32 (2m) (b), 940.32 (2m) (d), 940.32 (2m) (e) and 940.32 (3) (c) of
9the statutes;
relating to: stalking and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person commits the offense of stalking if: 1) he or she
engages in a course of conduct directed at another person (the victim) that would
cause a reasonable person to fear bodily injury to or death of himself or herself or a
member of his or her immediate family (the "reasonableness of the fear element");
2) the person knows or should know that the victim will reasonably fear bodily injury
to or death of himself or herself or a member of his or her immediate family (the
"knowledge element"); and 3) the person's acts induce such fear in the victim.
Current law defines "course of conduct" to mean maintaining, on two or more
calendar days, a visual or physical proximity to a person. In addition, current law
defines "immediate family" to mean a spouse, parent, child, sibling, or any other
person who regularly resides in the household or who within the prior six months
regularly resided in the household.
A person who commits the offense of stalking is guilty of a Class A
misdemeanor. More severe penalties may be imposed for stalking under certain
circumstances. (The tables below describe the circumstances under which the more
severe penalties apply and what those penalties are, as well as the penalties that are
applicable under this bill.)
This bill modifies the elements of the offense of stalking and establishes a new
penalty structure. First, the bill redefines "course of conduct" to mean a series of one
or more acts carried out over time, however short or long, that show a continuity of
purpose. The acts may include: 1) maintaining a visual or physical proximity to the
victim; 2) approaching or confronting the victim; 3) appearing at the victim's
workplace or home or contacting the victim's employer, coworkers, or neighbors; 4)
entering property owned, leased, or occupied by the victim; 5) contacting the victim
by telephone or causing the victim's telephone or any other person's telephone to ring
repeatedly or continuously; 6) sending or delivering material or an object to the
victim or his or her home; 7) delivering an object to a member of the victim's family
or household or an employer, coworker, or friend of the victim with the intent it be
delivered to the victim; 8) harming an animal owned or cared for by the victim or a
member of the victim's family or household; or 9) causing another person to engage
in any of these acts.
Second, the bill establishes the following penalties for stalking offenses:
-
See PDF for table
Third, the bill prohibits a person from engaging in any of the individual acts
that can, in combination with other acts, constitute a course of conduct, if all of the
following apply: 1) the person was previously convicted of sexual assault or found
to have committed an act of domestic abuse; 2) the individual at whom the current
act is directed was the victim of the sexual assault or the act of domestic abuse; 3)
the person intends that the act will place the victim in reasonable fear of bodily injury
to or death of himself or herself or a member of his or her family or household; and
4) the person's acts induce such fear in the victim. This new offense is a Class E
felony.
Fourth, the bill revises the reasonableness of the fear element. Under the bill,
the court, in determining whether any fear resulting from the course of conduct
would be reasonable, must consider whether the course of conduct would induce fear
not just in a reasonable person, but in a reasonable person under the same
circumstances as the victim.
Fifth, the bill replaces the knowledge element with an element based on the
actor's intent. Under the bill, in order for a course of conduct to constitute stalking,
the actor must intend that at least two of the acts that constitute the course of
conduct will place the victim in reasonable fear of bodily injury to or the death of
himself or herself or a member of his or her family or household.
Sixth, the bill replaces the term "immediate family" with separate definitions
for "member of a family" and "member of a household." Under the bill, "member of
a family" is defined to mean: 1) a spouse, parent, child, or sibling; or 2) any person
who is related to another individual by blood or adoption. "Member of a household"
is defined to mean any person who regularly resides in the household of another, or
who, within the prior six months, regularly resided in the household of another.
The penalties for the offenses described above are as follows:
-
See PDF for table
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB440, s. 1
1Section
1. 940.32 (1) (a) of the statutes is renumbered 940.32 (1) (a) (intro.)
2and amended to read:
SB440,4,63
940.32
(1) (a) (intro.) "Course of conduct" means
repeatedly maintaining a
4visual or physical proximity to a person. a series of 2 or more acts carried out over
5time, however short or long, that show a continuity of purpose, including any of the
6following:
SB440, s. 2
7Section
2. 940.32 (1) (a) 1. of the statutes is created to read:
SB440,4,88
940.32
(1) (a) 1. Maintaining a visual or physical proximity to the victim.
SB440, s. 3
9Section
3. 940.32 (1) (a) 2. of the statutes is created to read:
SB440,4,1010
940.32
(1) (a) 2. Approaching or confronting the victim.
SB440, s. 4
11Section
4. 940.32 (1) (a) 3. of the statutes is created to read:
SB440,4,1312
940.32
(1) (a) 3. Appearing at the victim's workplace or contacting the victim's
13employer or coworkers.
SB440, s. 5
14Section
5. 940.32 (1) (a) 4. of the statutes is created to read:
SB440,4,1615
940.32
(1) (a) 4. Appearing at the victim's home or contacting the victim's
16neighbors.
SB440, s. 6
1Section
6. 940.32 (1) (a) 5. of the statutes is created to read:
SB440,5,22
940.32
(1) (a) 5. Entering property owned, leased, or occupied by the victim.
SB440, s. 7
3Section
7. 940.32 (1) (a) 6. of the statutes is created to read:
SB440,5,64
940.32
(1) (a) 6. Contacting the victim by telephone or causing the victim's
5telephone or any other person's telephone to ring repeatedly or continuously,
6regardless of whether a conversation ensues.
SB440, s. 8
7Section
8. 940.32 (1) (a) 7. of the statutes is created to read:
SB440,5,118
940.32
(1) (a) 7. Sending material by any means to the victim or, for the purpose
9of obtaining information about, disseminating information about, or communicating
10with the victim, to a member of the victim's family or household or an employer,
11coworker, or friend of the victim.
SB440, s. 9
12Section
9. 940.32 (1) (a) 8. of the statutes is created to read:
SB440,5,1413
940.32
(1) (a) 8. Placing an object on or delivering an object to property owned,
14leased, or occupied by the victim.
SB440, s. 10
15Section
10. 940.32 (1) (a) 9. of the statutes is created to read:
SB440,5,1916
940.32
(1) (a) 9. Delivering an object to a member of the victim's family or
17household or an employer, coworker, or friend of the victim or placing an object on,
18or delivering an object to, property owned, leased, or occupied by such a person with
19the intent that the object be delivered to the victim.
SB440, s. 11
20Section
11. 940.32 (1) (a) 10. of the statutes is created to read:
SB440,5,2221
940.32
(1) (a) 10. Harming an animal owned or cared for by the victim or a
22member of the victim's family or household.
SB440, s. 12
23Section
12. 940.32 (1) (a) 11. of the statutes is created to read:
SB440,5,2524
940.32
(1) (a) 11. Causing a person to engage in any of the acts described in
25subds. 7. to 10.
SB440, s. 13
1Section
13. 940.32 (1) (am) of the statutes is created to read:
SB440,6,22
940.32
(1) (am) "Domestic abuse" has the meaning given in s. 813.12 (1) (a).
SB440, s. 14
3Section
14. 940.32 (1) (ap) of the statutes is created to read:
SB440,6,54
940.32
(1) (ap) "Domestic abuse offense" means an act of domestic abuse that
5constitutes a crime.
SB440, s. 15
6Section
15. 940.32 (1) (b) of the statutes is renumbered 940.32 (1) (cb) and
7amended to read:
SB440,6,118
940.32
(1) (cb)
"Immediate family"
"Member of a family" means a spouse,
9parent, child, sibling, or any other person
who regularly resides in the household or
10who within the prior 6 months regularly resided in the household
who is related by
11blood or adoption to another.
SB440, s. 16
12Section
16. 940.32 (1) (cd) of the statutes is created to read:
SB440,6,1513
940.32
(1) (cd) "Member of a household" means a person who regularly resides
14in the household of another or who within the previous 6 months regularly resided
15in the household of another.
SB440, s. 17
16Section
17. 940.32 (1) (d) of the statutes is repealed.
SB440, s. 18
17Section
18. 940.32 (2) (intro.) of the statutes is amended to read:
SB440,6,1918
940.32
(2) (intro.) Whoever meets all of the following criteria is guilty of a Class
19 A misdemeanor E felony:
SB440, s. 19
20Section
19. 940.32 (2) (a) of the statutes is amended to read:
SB440,6,2521
940.32
(2) (a) The actor intentionally engages in a course of conduct directed
22at a specific person that would cause a reasonable person
under the same
23circumstances to fear bodily injury to
himself or herself or a member of his or her
24immediate family or
to fear the death of himself or herself or a member of his or her
25immediate family
or household.
SB440, s. 20
1Section
20. 940.32 (2) (b) of the statutes is amended to read:
SB440,7,62
940.32
(2) (b) The actor
has knowledge or should have knowledge intends that
3at least one of the acts that constitute the course of conduct will place the specific
4person
will be placed in reasonable fear of bodily injury to
himself or herself or a
5member of his or her immediate family or
will be placed in reasonable fear of the
6death of himself or herself or a member of his or her
immediate family
or household.
SB440, s. 21
7Section
21. 940.32 (2) (c) of the statutes is amended to read:
SB440,7,118
940.32
(2) (c) The actor's acts induce fear in the specific person of bodily injury
9to
himself or herself or a member of his or her immediate family or
induce fear in the
10specific person of the death of himself or herself or a member of his or her
immediate
11family
or household.
SB440, s. 22
12Section
22. 940.32 (2e) of the statutes is created to read:
SB440,7,1413
940.32
(2e) Whoever meets all of the following criteria is guilty of a Class E
14felony:
SB440,7,1815
(a) After having been convicted of sexual assault under s. 940.225, 948.02, or
16948.025 or a domestic abuse offense, the actor engages in any of the acts listed in sub.
17(1) (a) 1. to 11., if the act is directed at the victim of the sexual assault or the domestic
18abuse offense.
SB440,7,2119
(b) The actor intends that the act will place the specific person in reasonable
20fear of bodily injury to or the death of himself or herself or a member of his or her
21family or household.
SB440,7,2322
(c) The actor's act induces fear in the specific person of bodily injury to or the
23death of himself or herself or a member of his or her family or household.
SB440, s. 23
24Section
23. 940.32 (2m) of the statutes is renumbered 940.32 (2m) (intro.) and
25amended to read:
SB440,8,2
1940.32
(2m) (intro.) Whoever violates sub. (2) is guilty of a Class D felony if
he
2or she any of the following applies:
SB440,8,5
3(c) The actor intentionally gains access
or causes another person to gain access 4to a record in electronic format that contains personally identifiable information
5regarding the victim in order to facilitate the violation
under sub. (2).
SB440, s. 24
6Section
24. 940.32 (2m) (a) of the statutes is created to read:
SB440,8,97
940.32
(2m) (a) The actor has a previous conviction for a violent crime, as
8defined in s. 939.632 (1) (e) 1., or a previous conviction under this section or s. 947.013
9(1r), (1t), (1v), or (1x).
SB440, s. 25
10Section
25. 940.32 (2m) (b) of the statutes is created to read:
SB440,8,1311
940.32
(2m) (b) The actor has a previous conviction for a crime, the victim of
12that crime is the victim of the present violation of sub. (2), and the present violation
13occurs within 7 years after the prior conviction.
SB440, s. 26
14Section
26. 940.32 (2m) (d) of the statutes is created to read:
SB440,8,1615
940.32
(2m) (d) The person violates s. 968.31 (1) or 968.34 (1) in order to
16facilitate the violation.
SB440, s. 27
17Section
27. 940.32 (2m) (e) of the statutes is created to read:
SB440,8,1918
940.32
(2m) (e) The victim is under the age of 18 years at the time of the
19violation.
SB440, s. 28
20Section
28. 940.32 (3) (intro.) of the statutes is amended to read:
SB440,8,2221
940.32
(3) (intro.) Whoever violates sub. (2)
under any of the following
22circumstances is guilty of a Class
E C felony
if any of the following applies:
SB440, s. 29
23Section
29. 940.32 (3) (a) of the statutes is amended to read: