AB738: Bill Text

A person also commits the offense of stalking if all of the following apply:

1. The person was previously convicted of sexual assault or a domestic abuse offense against the victim.

2. The person engages in any one of the acts listed in items 1) to 10) above (as opposed to a course of conduct).

3. The person intends that the act 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.

4. The person's act induces fear of that type in the victim.

This bill makes several changes in the law on stalking. First, the bill modifies the state of mind element for both types of stalking offenses. It replaces the requirement that the state prove the offender's intent with a requirement that the state prove that the offender knew or should have known (the level of intent required in the stalking statute before Act 109) that at least part of the course of conduct (or the single act, in the case of stalking by a repeat offender) would result in one of the specified adverse consequences (such as fear of bodily injury) for the victim. Second, the bill adds "causing a victim to suffer serious emotional distress" to the list of specified adverse consequences upon which a stalking conviction can be based. Thus, under the bill, causing, or engaging in conduct that the actor knew or should have known would cause, the victim to suffer serious emotional distress is treated the same as conduct that causes the victim to fear bodily harm.

Third, the bill specifies that photographing, videotaping, audiotaping, or, through any other electronic means, monitoring or recording the activities of the victim can be part of a course of conduct (or an act upon which a repeat offender stalking conviction can be based). Fourth, the bill specifies that causing another person to monitor or record the activities of the victim or to engage in any of the acts described in items 1) to 9) above — not just those listed in items 7) to 9) — may be part of a course of conduct (or an act upon which a repeat offender stalking conviction can be based).

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:

AB738, s. 1 Section 1. 940.32 (1) (a) 6m. of the statutes is created to read:

AB738,3,3 940.32 (1) (a) 6m. Photographing, videotaping, audiotaping, or, through any other electronic means, monitoring or recording the activities of the victim. This subdivision applies regardless of where the act occurs.

AB738, s. 2 Section 2. 940.32 (1) (a) 10. of the statutes is amended to read:

AB738,3,6 940.32 (1) (a) 10. Causing a person to engage in any of the acts described in subds. 7. 1. to 9.

AB738, s. 3 Section 3. 940.32 (1) (d) of the statutes is created to read:

AB738,3,9 940.32 (1) (d) "Suffer serious emotional distress" means to feel terrified, intimidated, threatened, harassed, tormented, or alarmed.

AB738, s. 4 Section 4. 940.32 (2) (a) of the statutes is amended to read:

AB738,3,14 940.32 (2) (a) The actor intentionally engages in a course of conduct directed at a specific person that would cause a reasonable person under the same circumstances to suffer serious emotional distress or to fear bodily injury to or the death of himself or herself or a member of his or her family or household.

AB738, s. 5 Section 5. 940.32 (2) (b) of the statutes is amended to read:

AB738,3,20 940.32 (2) (b) The actor intends knows or should know that at least one of the acts that constitute the course of conduct will cause the specific person to suffer serious emotional distress or place the specific person in reasonable fear of bodily injury to or the death of himself or herself or a member of his or her family or household.

AB738, s. 6 Section 6. 940.32 (2) (c) of the statutes is amended to read:

AB738,3,24 940.32 (2) (c) The actor's acts cause the specific person to suffer serious emotional distress or induce fear in the specific person of bodily injury to or the death of himself or herself or a member of his or her family or household.

AB738, s. 7 Section 7. 940.32 (2e) (b) of the statutes is amended to read:

AB738,4,4 940.32 (2e) (b) The actor intends knows or should know that the act will cause the specific person to suffer serious emotional distress or place the specific person in reasonable fear of bodily injury to or the death of himself or herself or a member of his or her family or household.

AB738, s. 8 Section 8. 940.32 (2e) (c) of the statutes is amended to read:

AB738,4,8 940.32 (2e) (c) The actor's act causes the specific person to suffer serious emotional distress or induces fear in the specific person of bodily injury to or the death of himself or herself or a member of his or her family or household.

AB738, s. 9 Section 9. 940.32 (3m) of the statutes is created to read:

AB738,4,12 940.32 (3m) A prosecutor need not need show that a victim received or will receive treatment from a mental health professional in order to prove that the victim suffered serious emotional distress under sub. (2) (c) or (2e) (c).

AB738,4,13 (End)