Wis JI-Criminal 1284B

Statutory Definition of the Crime

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

by one who has been convicted of (specify applicable sexual assault or domestic abuse

offense),1 directs an act of (specify applicable act listed in § 940.32(1)(a)1. to 10.)2 at the

victim of that offense, 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 where the actor knows or should know that the act 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)].

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 five elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant was convicted of (specify applicable sexual assault or domestic

abuse offense).3

2. (Name of person) was the victim of that offense.

3. The defendant directed an act of (specify applicable act listed in § 940.32(1)(a)1.

to 10.)4 at (name of person).

4. The act [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)].

[“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

5. The defendant knew or should have known that the act 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)].8

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 five 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.