The stalker has been charged with disorderly conduct, but the conduct potentially was a felony battery under Wisconsin Statutes 940.20(4):
(4) Battery to public officers. Whoever intentionally causes bodily harm to a public officer in order to influence the action of such officer or as a result of any action taken within an official capacity, without the consent of the person injured, is guilty of a Class I felony.
The key issue would be whether there was “bodily harm” which is defined in section 939.22(4)(” “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition.”) Mere pouring of beer would not be enough, but if it caused any pain to the legislator, it might be enough. E.g., State v. Higgs, 230 Wis.2d 1, 601 N.W.2d 653, Wis.App.,1999.(“throwing a cup of urine at him which entered his eyes-caused a burning and stinging sensation”).
But a funny thing happened on the way to all the cheesy bravado and laughter.
But the internet never forgets, or at least not the conservative blogosphere. John McCormack, who had written about the video, also knew someone who had downloaded the confession, so the evidence is preserved:
The lesson the stalker will learn, unfortunately, is not not to commit the crime, but not to brag about it on video.DONATE
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