Wisconsin Chapter 940.44 Wisconsin has created a law to protect persons who are victims of a crime. In some cases attempts are made by the defendant or on the defendant's behalf to prevent victims from reporting crimes or participating in the criminal justice process. The law states that whoever knowingly and maliciously prevents or dissuades, or who attempts to prevent or dissuade, another person who has been the victim of any crime or who is acting on behalf of the victim from doing any of the following is guilty of a Class A misdemeanor: (1) Making any report of the victimization to any peace officer or state, local or federal law enforcement or prosecuting agency, or to any judge. (2) Causing a complaint, indictment or information to be sought and prosecuted and assisting in the prosecution thereof. (3) Arresting or causing or seeking the arrest of any person in connection with the victimization.
If the following occur, the penalty is increased to a Class D felony: (1) Where the act is accompanied by force or violence or attempted force or violence, upon the victim, or the spouse, child, parent, sibling, or grandchild of the victim or any person sharing a common domicile with the victim. (2) Where the act is accompanied by injury or damage to the real or personal property of any person covered in sub (1). (3) Where the act is accompanied by any express or implied threat of force, violence, injury or damage described in sub (1) or (2). (4) Where the act is furtherance of any conspiracy. (5) Where the act is committed by any person who has suffered any prior conviction for any violation that includes intimidation or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under the intimidation statutes. (6) Where the act is committed by any person for monetary gain or for any other consideration acting on the request of any other person. All parties are guilty under this section. If you believe you are being intimidated as a victim of a crime and fit into one of these categories, it is best to call law enforcement and/or secure a restraining order. You may want to contact your local domestic abuse or sexual assault program for more assistance. The programs will be able to help you create a safety plan for yourself, family members and/or significant others. Developed by Kathleen Kreneck, Policy Development
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