Wis JI-Criminal 1284

Statutory Definition of the Crime

Stalking, as defined in § 940.32(2) of the Criminal Code of Wisconsin, is committed

by one who intentionally engages in a course of conduct directed at a specific person that

causes that person [to suffer serious emotional distress] [to fear bodily injury or death to

(himself) (herself) (a member of (his) (her) (family) (household)] and that would cause a

reasonable person [to suffer serious emotional distress] [to fear bodily injury or death to

(himself) (herself) (a member of (his) (her) (family) (household)] and where the actor

knows or should know that the conduct will [cause the person to suffer serious emotional

distress] [place the person in reasonable fear of bodily injury or death to (himself) (herself)

(a member of (his) (her) (family) (household)].1

State’s Burden of Proof

Before you may find the defendant guilty of this offense, the State must prove by

evidence which satisfies you beyond a reasonable doubt that the following four elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant intentionally engaged in a course of conduct directed at (name of

person).

“Intentionally” requires that the defendant acted with the purpose2 to engage

in a course of conduct directed at (name of person).

“Course of conduct” means a series of two or more acts carried out over time,

however short or long, that show a continuity of purpose.3 Acts that you may find

constitute a course of conduct are limited to: (identify acts listed in §

940.32(1)(a)1. 10 that are supported by the evidence.).4

2. The course of conduct would have caused a reasonable person [to suffer serious

emotional distress] [to fear bodily injury or death to (himself) (herself) (a member

of (his) (her) (family) (household)].

[“Suffer serious emotional distress” means to feel terrified, intimidated,

threatened, harassed, or tormented. This does not require that (name of person)

received treatment from a mental health professional.]5

[“Member of a family” means a spouse, parent, child, sibling, or any other

person who is related by blood or adoption to another.]6

[“Member of a household” means a person (who regularly resides in the

household of another) (who within the previous 6 months regularly resided in the

household of another).]7

To determine whether this element is established, the standard is what effect

the course of conduct would have had on a person of ordinary intelligence and

prudence in the position of (name of person) under the circumstances that existed

at the time of the course of conduct.

3. The defendant’s acts8 [caused (name of person) to suffer serious emotional

distress] [induced fear in (name of person) of bodily injury or death to (himself)

(herself) (a member of (his) (her) (family) (household)].

4. The defendant knew or should have known9 that at least one of the acts

constituting the course of conduct would [cause (name of person) to suffer serious

emotional distress] [place (name of person) in reasonable fear of bodily injury or

death to (himself) (herself) (a member of (his) (her) (family) (household)].10

Deciding About Intent and Knowledge

You cannot look into a person’s mind to find intent and knowledge. Intent and

knowledge must be found, if found at all, from the defendant’s acts, words, and statements,

if any, and from all the facts and circumstances in this case bearing upon intent and

knowledge.

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all four elements of this offense

have been proved, you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.