Stalking is generally a course conduct directed toward a specific person (or the person’s family, friends, or work associates) that would cause a reasonable person to be in fear of their safety, health, or well-being. Stalking includes (1) spying on a person; (2) waiting at a location to make unwanted contact with the victim, or to monitor the victim; (3) leaving unwanted items and gifts for the victim; and (4) posting or disseminating information or rumors about the victim on the internet, in a public place, or by word of mouth.

Stalkers may also use technology to harass their victim. Common forms of cyberstalking include:

• e-mail spoofing—sending e-mails pretending to be the victim • text messaging and sexting (sending sexually explicit text messages or photos)

• social media (Facebook, Twitter, Instagram, etc.)—creating social media accounts and posting statements to harass, threaten, or denigrate the victim, or to impersonate the victim on social media

• online impersonation of the victim through a false identity or account to place online sex ads or solicit sex

• use of GPS to track the victim, including placing a GPS device on the victim’s car.

Stalking is a crime under federal law (18 U.S.C. §2261A) and in each of the 50 states, the District of Columbia, the U.S. Territories, and many Indian Tribes. In addition to stalking laws, every state has laws addressing electronic harassment, and federal law also criminalizes the use of technology to stalk (18 U.S.C. §2261A(2)).

Legal definitions for stalking and harassment vary from state to state and in the federal system—especially regarding the stalker’s intent and the nature of the victim’s fear or emotional distress caused by the stalking.

In Wisconsin, stalking is defined under Wisconsin Statute § 940.32. It is considered a serious crime and involves a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or to suffer emotional distress. Stalking behaviors can include following, monitoring, observing, surveilling, threatening, or communicating with or about a person, or interfering with a person's property. This can be done directly or indirectly, including through the use of electronic devices or technology such as email, text messaging, social media, and GPS tracking. Wisconsin law recognizes that stalking can occur in various forms, including cyberstalking, and provides for both criminal penalties and potential civil remedies for victims. The state's statutes also allow for temporary restraining orders and injunctions to protect victims of stalking. Additionally, under federal law (18 U.S.C. §2261A), stalking is a crime, and the use of technology to stalk is specifically criminalized. It is important for individuals in Wisconsin to understand that stalking is taken seriously and that both state and federal laws provide mechanisms for protection and prosecution.