Threats Escalate for Wisconsin’s Public Officials

 Posted on October 10,2024 in Criminal Defense

Elected officials in Wisconsin are being threatened and harassed — in person, online, and over the phone — because of tense political rhetoric and conspiracy theories. Many city clerks, state Supreme Court justices, and every elected official in between have reported fearing for their safety.

In some cases, people are being arrested because of a joke gone wrong.  If you have been charged with making threats, harassing, or menacing a poll worker or public official, you should speak to an experienced Menomonee Falls, WI criminal defense attorney from Bucher, Wolff & Sonderhouse, LLP.

What Can a Person Be Charged with for Making Threats or Harassing a Public Official?

Wisconsin has a "menacing" law (947.013), which makes it a Class B misdemeanor to frighten, intimidate, threaten, abuse, or harass or to threaten to inflict physical harm on another person. The unlawful use of a telephone (947.012) is also a Class B misdemeanor and involves using the phone to harass, abuse, threaten, intimidate, frighten, or threaten to inflict physical harm on another person. Penalties for a Class B misdemeanor include a fine of up to $1,000 and jail time not to exceed 90 days.

A person who repeatedly commits acts that continuously harass or intimidate another person will be charged with a Class A misdemeanor and is also subject to a Class B forfeiture. A Class A misdemeanor is punishable by up to nine months in jail and $10,000 in fines if the harassment places another person in fear for their life or fear of extreme bodily harm.

If the harassment or threats target an elected official or poll worker or if the offender has a prior conviction involving the same victim, he or she will be charged with a Class I felony (penalties include up to three and a half years in state prison and a fine of up to $10,000). If the harassment violates any type of restraining order or no-contact order, it is a Class A misdemeanor.  

Proposed Changes to Tighten Wisconsin Laws Relating to Threatening or Intimidating Election Officials Fail to Pass

Bills that would have changed Wisconsin state laws related to election officials were introduced, but the proposed changes failed to pass and will not become law this session. Some cities and towns in Wisconsin have created laws to protect elected officials and poll workers similar to the laws the state rejected. The proposed state laws would have:

• Prohibited access to records that contained personally identifiable information of election officials.

• Provided whistleblower protection for elected officials.

• Created a Class B misdemeanor offense for distributing an elected official's personal information on social media with the intent to frighten, intimidate, threaten, or abuse.

Defenses to Harassing, Threatening, or Menacing an Elected Official or Poll Worker

The defense your attorney will use on your behalf will depend on the facts and circumstances surrounding your charges. The primary defense used to combat such charges is that there was no intent to threaten, harass, or menace a public official or poll worker. If you were charged with one of these crimes but have a solid alibi, you may have been misidentified and are innocent of the charges.

Contact a Waukesha County, WI Harassment Lawyer

If you have been charged with any of the above criminal offenses, you should take it very seriously, as the penalties can adversely change your life for many years to come. A highly skilled Waukesha, WI, harassment lawyer from Bucher, Wolff & Sonderhouse, LLP will build a comprehensive defense on your behalf to try to reduce the charges and/or penalties you face. Our experienced attorneys are available seven days a week, 24 hours a day, because being arrested does not always correspond to regular office hours. Call 262-232-6699 to schedule your free consultation.