Wisconsin Statutes
Wis. Stat. § 940.44 (2026)
Intimidation of victims; misdemeanor
✓ current as of July 2026
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940.44940.44 Intimidation of victims; misdemeanor. Except as provided in s. 940.45, whoever knowingly and maliciously prevents or dissuades, or who attempts to so 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:
940.44(1)(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.
940.44(2)(2) Causing a complaint, indictment, or information to be sought or prosecuted, or assisting in the prosecution thereof.
940.44(3)(3) Arresting or causing or seeking the arrest of any person in connection with the victimization.
940.44 AnnotationA jury instruction for a violation of this section should specify the underlying crime and that a defendant cannot be found guilty of intimidating a victim of a crime unless the elements of the underlying crime are proved beyond a reasonable doubt. State v. Thomas, 161 Wis. 2d 616, 468 N.W.2d 729 (Ct. App. 1991).
940.44 AnnotationAcquittal on the underlying charge does not require acquittal on a charge under this section as the jury may have exercised its right to return a not guilty verdict irrespective of evidence on the underlying charge. State v. Thomas, 161 Wis. 2d 616, 468 N.W.2d 729 (Ct. App. 1991).
940.44 AnnotationThe disorderly conduct statute, s. 947.01, does not require a victim, but when the disorderly conduct is directed at a person, that person is the victim for the purpose of prosecuting the perpetrator for intimidating a victim under this section. State v. Vinje, 201 Wis. 2d 98, 548 N.W.2d 118 (Ct. App. 1996), 95-1484.
940.44 AnnotationIn the phrase “causing a complaint ... to be sought and prosecuted and assisting in the prosecution thereof” in sub. (2), “and” is read in the disjunctive. Sub. (2) includes alleged acts of intimidation that occur after a victim has caused a complaint to be sought and applies to all acts of intimidation that attempt to prevent or dissuade a crime victim from providing any one or more of the following forms of assistance to prosecutors: 1) causing a complaint, indictment, or information to be sought; 2) causing a complaint to be prosecuted; or, more generally, 3) assisting in a prosecution. State v. Freer, 2010 WI App 9, 323 Wis. 2d 29, 779 N.W.2d 12, 08-2233.
Notes of Decisions
Cited in 19
cases (5 in the last 5 years), 1990–2024 · leading case: State v. Sullivan, 576 N.W.2d 30 (Wis. 1998).
State v. Sullivan, 576 N.W.2d 30 (Wis. 1998). “30 ; and intimidation of a victim contrary to Wis. Stat. § 940.44 (1). The defendant was also charged with disorderly conduct contrary to Wis.”
State v. Thomas, 468 N.W.2d 729 (Wis. Ct. App. 1991). “The specific act prohibited by section 940.44, Stats., is intimidation — either of a victim or someone acting on a victim's behalf.”
State v. Kelty, 2006 WI 101 (Wis. 2006). “38 (1)(a), one misdemeanor count of intimidating a victim in violation of Wis. Stat. § 940.44 , and one misdemeanor count of bail jumping in violation of Wis.”
State v. Luis C. Salinas, 2016 WI 44 (Wis. 2016). “¶13 On October 5, 2010, the State charged Salinas with two counts of misdemeanor intimidation of a witness, in violation of Wis. Stat. § 940.44 (1), and Wis. Stat. § 968.”
State v. Freer, 2010 WI App 9 (Wis. Ct. App. 2009). “Stephen Freer appeals a circuit court order denying his motion to dismiss and a judgment of conviction entered on a jury verdict for misdemeanor intimidation of a crime victim contrary to Wis. Stat. § 940.44 (2) (2007-08), 1 and felony bail jumping.”
State v. Anderson, 580 N.W.2d 329 (Wis. 1998). “43; intimidation of victims, Wis. Stat. §§ 940.44 and 940.45; court orders and penalties for prevention or dissuasion of a victim or witness in a criminal matter, Wis.”
State v. Vinje, 548 N.W.2d 118 (Wis. Ct. App. 1996). “Section 940.44, STATS., proscribes intimidation of a victim and provides: [W]hoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade, another person who has been the victim of any crime or who is acting on behalf of the victim from doing…”
State v. Richard A. P., 589 N.W.2d 674 (Wis. Ct. App. 1998). “In the information filed on January 19, 1996, Richard was additionally charged with unlawfully attempting to knowingly and maliciously prevent or dissuade Stephen, who has been the victim *782 of a crime, from making a report contrary to § 940.44(1), Stats. The matter proceeded…”
State v. Semrau, 2000 WI App 54 (Wis. Ct. App. 2000). “§ 940.44(2). The State later combined the sexual exploitation charges and the new charges into a single amended information.”
State v. Mendez, 459 N.W.2d 578 (Wis. Ct. App. 1990). “Instead, Mendez contends that his conduct, if anything, constituted intimidation of a victim pursuant to sec. 940.44, Stats. Mendez argues that his conduct operated only to prevent or dissuade J.”
State v. Murphy, 524 N.W.2d 924 (Wis. Ct. App. 1994). “, and one count of intimidation of a witness contrary to §§ 940.44 and 940.45(1), STATS. Murphy was convicted as a repeat offender under § 939.”
State v. Steven A. Peterson (Wis. Ct. App. 2022). “§§ 940.44 and 940.45(3). ¶27 Peterson focuses on elements two, three, and four, arguing that “the State failed to prove that Mr.”
— Wis. Stat. § 940.44(1) — 5 cases
State v. Thomas, 468 N.W.2d 729 (Wis. Ct. App. 1991). “The specific act prohibited by section 940.44, Stats., is intimidation — either of a victim or someone acting on a victim's behalf.”
State v. Vinje, 548 N.W.2d 118 (Wis. Ct. App. 1996). “Section 940.44, STATS., proscribes intimidation of a victim and provides: [W]hoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade, another person who has been the victim of any crime or who is acting on behalf of the victim from doing…”
State v. Richard A. P., 589 N.W.2d 674 (Wis. Ct. App. 1998). “In the information filed on January 19, 1996, Richard was additionally charged with unlawfully attempting to knowingly and maliciously prevent or dissuade Stephen, who has been the victim *782 of a crime, from making a report contrary to § 940.44(1), Stats. The matter proceeded…”
State v. Freer, 2010 WI App 9 (Wis. Ct. App. 2009). “Stephen Freer appeals a circuit court order denying his motion to dismiss and a judgment of conviction entered on a jury verdict for misdemeanor intimidation of a crime victim contrary to Wis. Stat. § 940.44 (2) (2007-08), 1 and felony bail jumping.”
State v. Steven A. Peterson (Wis. Ct. App. 2022). “§§ 940.44 and 940.45(3). ¶27 Peterson focuses on elements two, three, and four, arguing that “the State failed to prove that Mr.”
— Wis. Stat. § 940.44(2) — 2 cases
State v. Freer, 2010 WI App 9 (Wis. Ct. App. 2009). “Stephen Freer appeals a circuit court order denying his motion to dismiss and a judgment of conviction entered on a jury verdict for misdemeanor intimidation of a crime victim contrary to Wis. Stat. § 940.44 (2) (2007-08), 1 and felony bail jumping.”
State v. Semrau, 2000 WI App 54 (Wis. Ct. App. 2000). “§ 940.44(2). The State later combined the sexual exploitation charges and the new charges into a single amended information.”
— Wis. Stat. § 940.44(3) — 1 case
State v. Freer, 2010 WI App 9 (Wis. Ct. App. 2009). “Stephen Freer appeals a circuit court order denying his motion to dismiss and a judgment of conviction entered on a jury verdict for misdemeanor intimidation of a crime victim contrary to Wis. Stat. § 940.44 (2) (2007-08), 1 and felony bail jumping.”
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