State v. Stetson Okeefe Grant
CourtCourt of Appeals of Wisconsin
Date FiledNovember 3, 2026
Docket2024AP000901-CR
StatusPublished
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Full Opinion
COURT OF APPEALS
DECISION NOTICE
DATED AND FILED This opinion is subject to further editing. If
published, the official version will appear in
the bound volume of the Official Reports.
November 3, 2026
A party may file with the Supreme Court a
Samuel A. Christensen petition to review an adverse decision by the
Clerk of Court of Appeals Court of Appeals. See WIS. STAT. § 808.10
and RULE 809.62.
Appeal No. 2024AP901-CR Cir. Ct. No. 2021CF302
STATE OF WISCONSIN IN COURT OF APPEALS
DISTRICT III
STATE OF WISCONSIN,
PLAINTIFF-RESPONDENT,
V.
STETSON OKEEFE GRANT,
DEFENDANT-APPELLANT.
APPEAL from a judgment of the circuit court for Oneida County:
MICHAEL H. BLOOM, Judge. Affirmed.
Before Stark, P.J., Hruz, and Gill, JJ.
¶1 HRUZ, J. Stetson OKeefe Grant appeals a judgment convicting him
of stalking his ex-wife.1 On appeal, Grant argues that the standard jury instruction
1
Grant was convicted of stalking and disorderly conduct. He appeals only the stalking
conviction.
No. 2024AP901-CR
for stalking that was provided in this case was incomplete given the facts adduced
at trial.
¶2 Stalking, as defined by WIS. STAT. § 940.32(1)(d) and (2)
(2023-24),2 requires, among other things, that a defendant’s conduct cause the
victim to suffer “serious emotional distress,” which means that the defendant’s
conduct caused the victim to feel “terrified, intimidated, threatened, harassed, or
tormented.” Grant argues that his conduct toward his ex-wife was not harassing as
a matter of law. He directs us to one of the definitions of harassment listed in
WIS. STAT. § 813.125, the civil harassment restraining order statute, which defines
“harassment” as engaging in behavior that is not only harassing or intimidating,
but also which “serve[s] no legitimate purpose.” See § 813.125(1)(am)4.b.
¶3 Grant contends that this particular definition of harassment should
have been given to the jury because it applied to the facts of his case. Specifically,
Grant argues that his conduct, while admittedly harassing in layperson’s terms,
served the purportedly legitimate purpose of attempting to convince his then-wife
to reconcile their marriage. Therefore, Grant argues that his conduct was not
harassing under WIS. STAT. § 813.125(1)(am)4.b. and, consequently, was not
conduct that could cause the serious emotional distress required for a stalking
conviction. According to Grant, because the jury did not know that it had the
option of acquitting him as long as his harassing behavior had a purportedly
legitimate purpose, it improperly had no choice but to convict him.
2
All references to the Wisconsin Statutes are to the 2023-24 version.
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No. 2024AP901-CR
¶4 We conclude that the jury instructions were not incomplete because
WISCONSIN JI—CRIMINAL 1284 accurately and completely states the law
regarding stalking, and the circuit court did not err by using it to instruct the jury.
The term “harassment” as used in the stalking statute does not require proof that
the conduct at issue served no legitimate purpose, and the definition Grant
contends was required to be used is confusing and misstates the law. Therefore,
we affirm Grant’s judgment of conviction.
BACKGROUND
¶5 Grant was charged with a number of crimes, including stalking and
disorderly conduct, both as acts of domestic abuse. The charges stemmed from his
conduct toward his estranged wife, Angie,3 following her announcement that she
wanted to file for divorce.
¶6 According to the criminal complaint, in the months following
Angie’s announcement, Grant called Angie 50 to 150 times per day, texted her
frequently, and showed up at Angie’s residence daily attempting to reconcile, all
of which caused Angie to suffer emotional distress. The complaint referenced a
number of audio recordings Angie made of Grant’s conduct, including instances in
which he threatened to kill himself and/or the entire family; came to Angie’s
residence while on duty as a sergeant for the Oneida County Sheriff’s Department
and refused to leave; and, when threatened by Angie with police intervention,
would say things to the effect of “I am the … cops” or “I am the law.” During
these instances, Grant would often stand in the residence doorway to prevent
3
Because this case involves the victim of a crime, we use a pseudonym pursuant to the
policy underlying WIS. STAT. RULE 809.86(4).
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No. 2024AP901-CR
Angie from leaving. He also punched holes in the wall of the home when he was
upset.
¶7 The case proceeded to a jury trial. At trial, Angie testified that
Grant’s harassment campaign began sometime after Christmas 2018, which was
when she first told Grant she wanted a divorce. The couple owned property that
included a main house, guest house, and a dog kennel business, and Grant moved
into the guest house, while Angie and their toddler son stayed in the main house.
Shortly thereafter, Grant began calling and/or texting Angie incessantly and
coming to the main house uninvited with the stated intention of reconciling with
her. Angie testified that Grant’s conduct followed a pattern: Grant would come
over to her house crying and then refuse to leave until Angie changed her mind
about the divorce. When that approach proved ineffective, Grant would threaten
to kill himself and/or threaten to turn their son against her. These episodes would
last about one hour, with Angie often locking herself in her bathroom until Grant
would leave.
¶8 Angie further testified that, on numerous occasions, Grant would
harass her while he was on duty as a sergeant with the county sheriff’s department.
Grant would come to her house during his shift wearing his uniform and sidearm;
refuse to leave; and, when Angie would threaten to contact law enforcement, he
would laugh at her and say he was law enforcement and that the police were his
friends.
¶9 Angie testified that Grant’s conduct continued through April 2019,
when she filed for divorce, and it only changed for the better after the divorce was
finalized in August 2020. During the months of continued harassment, Angie
surreptitiously recorded 53 interactions with Grant, and 50 of these recordings
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No. 2024AP901-CR
were played for the jury. One recording, from April 21, 2019, lasted
approximately 30 minutes and documented an interaction during which Grant was
on duty while harassing Angie. Another recording, from May 1, 2019, lasted
more than 50 minutes and also occurred while Grant was on duty.
¶10 Angie testified that Grant’s conduct made her feel trapped and
threatened: “It was intimidating, because you think … you could never again get
out of a situation that you’re in…. And it never ended and I felt like I was never
going to get out.” Angie additionally testified that Grant’s conduct made her feel
harassed: “I just felt completely … harassed and like no matter what I asked or did
to get it to stop that it was never going to end.” She testified that she did not
initially report the conduct to authorities because she was fearful: “I think I was
just too scared to [report him]. I felt like if I was calling when he was on duty, it
was literally going to go to him and his team or it was going to go to his friends. I
didn’t feel like I could.” Angie further testified that at the time Grant was acting
this way, he was a sergeant for the sheriff’s department with subordinates who
worked underneath him. Grant did not testify at trial.
¶11 Prior to the jury being instructed on the law, defense counsel
submitted a modified version of WIS JI—CRIMINAL 1284, the stalking instruction.
As relevant here, Grant proposed that the instruction add one of the definitions of
harassment found in WIS. STAT. § 813.125, the civil harassment restraining order
statute. Specifically, Grant sought to include language that defined “harassment”
as engaging in behavior that is not only harassing or intimidating, but also which
“serve[s] no legitimate purpose.” See § 813.125(1)(am)4.b.
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No. 2024AP901-CR
¶12 The circuit court rejected the modified instruction, reasoning that the
defense’s proffered definition was unnecessary and that counsel was not precluded
from arguing that Grant’s conduct was not, in fact, harassing:
[T]he language in the stalking statute, which
includes … what would constitute to suffer serious
emotional distress, means to feel terrified, intimidated,
threatened, harassed, or tormented.
Those words are used in their general rather than strictly
legal sense, and as there is no definition of the terms
terrified, intimidated, threatened, or tormented, as I believe
for purposes of this statute in combination with the other
elements which are defined such as what constitutes to
suffer serious emotional distress, that a particular definition
of “harassment” is not necessary and also that it does not
preclude counsel from arguing, generally speaking, whether
or not the conduct was harassing or would cause a
reasonable person to feel harassed.
¶13 In closing, defense counsel argued that Grant’s conduct, while
annoying, was not unlawfully harassing because it was done in order to keep his
marriage together. Counsel argued, “Simply asking [someone] to change their
mind by using your words for a legitimate purpose does not make you a criminal.”
¶14 Following closing arguments, the jury received, among its jury
instructions, the pattern jury instruction for stalking. The jury found Grant guilty
of stalking—specifically, relating to his conduct between April 21, 2019, and
May 1, 2019—and disorderly conduct. Grant appeals the stalking conviction.
DISCUSSION
¶15 On appeal, Grant argues that the circuit court erred by refusing to
give his proposed modified jury instruction regarding the definition of harassment.
“A proper jury instruction is a crucial component of the fact-finding process.”
State v. Perkins, 2001 WI 46, ¶40, 243 Wis. 2d 141, 626 N.W.2d 762, abrogation
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No. 2024AP901-CR
on other grounds recognized by, Kindschy v. Aish, 2024 WI 27, ¶14 n.9, 412
Wis. 2d 319, 8 N.W.3d 1.
¶16 While we independently review whether a jury instruction is
appropriate under the specific facts of a given case, State v. Groth, 2002 WI App
299, ¶8, 258 Wis. 2d 889, 655 N.W.2d 163, abrogated on other grounds by, State
v. Tiepelman, 2006 WI 66, ¶31, 291 Wis. 2d 179, 717 N.W.2d 1, we afford the
circuit court great latitude when giving jury instructions, State v. Laxton, 2002 WI
82, ¶29, 254 Wis. 2d 185, 647 N.W.2d 784. “Only if the jury instructions, as a
whole, misled the jury or communicated an incorrect statement of law will we
reverse and order a new trial.” Id. If the overall meaning conveyed by the jury
instructions was a correct statement of law, no grounds for reversal exist. Id.
¶17 Grant was charged with stalking under WIS. STAT. § 940.32(2),
which provides that whoever meets all of the following criteria is guilty of a
Class I felony:
(a) The actor intentionally engages in a course of conduct
directed at a specific person that would cause a reasonable
person under the same circumstances to suffer serious
emotional distress ….
(b) The actor knows or should know that at least one of the
acts that constitute the course of conduct will cause the
specific person to suffer serious emotional distress ….
(c) The actor’s acts cause the specific person to suffer
serious emotional distress ….
See also State v. Ruesch, 214 Wis. 2d 548, 553, 571 N.W.2d 898 (Ct. App. 1997)
(outlining the elements of § 940.32(2)); State v. Hemmingway, 2012 WI App 133,
¶¶6-9, 345 Wis. 2d 297, 825 N.W.2d 303 (same). “Course of conduct” is defined
in the statute as “a series of 2 or more acts carried out over time, however short or
long, that show a continuity of purpose.” Sec. 940.32(1)(a). “Suffer serious
7
No. 2024AP901-CR
emotional distress” is defined as feeling “terrified, intimidated, threatened,
harassed, or tormented.” Sec. 940.32(1)(d). Both the perpetrator’s and the
victim’s mental states are elements of stalking. State v. Warbelton, 2009 WI 6,
¶36, 315 Wis. 2d 253, 759 N.W.2d 557. This requirement narrows application of
the statute from what would otherwise be legitimate behavior to only behavior that
is intended to and does actually cause the victim to feel terrified, intimidated,
threatened, harassed, or tormented or to fear bodily injury or death.
Hemmingway, 345 Wis. 2d 297, ¶8.
¶18 When instructing the jury at Grant’s trial, the circuit court stated:
Before you may find the defendant guilty of this
offense, the State must prove by evidence which satisfies
you beyond a reasonable doubt that the following four
elements were present: First, the defendant intentionally
engaged in a course of conduct directed at [Angie].
“Intentionally” requires that the defendant acted with the
purpose to engage in a course of conduct directed at
[Angie].
“Course of conduct” means a series of two or more acts
carried out over time ….
The second element is that the course of conduct would
have caused a reasonable person to suffer serious emotional
distress. “Suffer serious emotional distress” means to feel
terrified, intimidated, threatened, harassed, or tormented.
This does not require that [Angie] receive treatment from a
mental health professional.
To determine whether this element is established, the
standard is what effect the course of conduct would have
had on a person of ordinary intelligence and prudence in
the position of [Angie] under the circumstances that existed
at the time of the course of conduct.
The third element is that the defendant’s acts caused
[Angie] to suffer serious emotional distress.
The fourth element is that the defendant knew or should
have known that at least one of the acts constituting the
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No. 2024AP901-CR
course of conduct would cause [Angie] to suffer serious
emotional distress.
¶19 Comparing the law on stalking with the jury instruction given, we
conclude that the given instruction accurately and completely stated the law. The
jury instruction thoroughly and accurately explained each of the elements from the
statute—i.e., (1) that the defendant intentionally engaged in a “course of conduct”
that (2) would have caused a reasonable person to suffer serious emotional distress
and (3) indeed did cause the victim to suffer serious emotional distress under
circumstances in which (4) the defendant knew or should have known that at least
one of his or her acts would have caused that result. While “harassment” is not
specifically defined in the statute and was not defined for the jury, what it means
to feel “harassed” for purposes of determining whether Angie suffered severe
emotional distress was readily ascertainable via the jurors’ common knowledge or
a basic dictionary definition. See WIS. STAT. § 990.01(1) (stating that all words
and phrases in a statute should be construed according to their common and
approved usage).
¶20 Had the circuit court included Grant’s proposed definition of
harassment—i.e., the definition found in WIS. STAT. § 813.125(1)(am)4.b.—it
would have only confused the jury and misstated the law. Grant points out that
§ 813.125 contains a definition of “harassment” that includes “[e]ngaging in a
course of conduct or repeatedly committing acts which harass or intimidate
another person and which serve no legitimate purpose.” See § 813.125(1)(am)4.b.
(emphasis added).4 This is the definition he sought to include at trial. But Grant’s
4
This same definition appears in WIS. STAT. § 947.013, the misdemeanor harassment
statute. See WIS. STAT. § 947.013(1m)(b).
9
No. 2024AP901-CR
proffered two-step definition of harassment is but one of two definitions given by
§ 813.125. The other defines harassment as “[s]triking, shoving, kicking or
otherwise subjecting another person to physical contact; engaging in an act that
would constitute abuse under [WIS. STAT. §] 48.02(1), sexual assault under
[WIS. STAT. §] 940.225, or stalking under [WIS. STAT. §] 940.32; or attempting or
threatening to do the same.” Sec. 813.125(1)(am)4.a. (emphasis added). Thus, in
order to obtain an injunction for harassment, a victim can show either that the
perpetrator’s conduct met the two-step “harassment plus no-legitimate-purpose”
test or by showing the conduct met the elements of a number of crimes, including
stalking—which, as noted, includes no definition of harassment but simply uses
harassment as one type of serious emotional distress.
¶21 In other words, by creating multiple distinct paths for obtaining a
harassment injunction, the legislature determined that stalking is itself harassment,
and, if proven, stalking can never be committed for a “legitimate purpose.” This
approach makes sense. Stalking requires particularly egregious impacts on the
victim—namely, the victim feeling “terrified, intimidated, threatened, harassed, or
tormented”—because of conduct directed at him or her that the perpetrator knew
or should have known would cause this egregious impact. These requirements
inherently limit the scope of conduct that can lead to a prosecution or conviction
for this crime. Under this scheme, a defendant’s conduct is simply deemed to
have “gone too far,” regardless of the defendant’s purpose—in this case, including
something such as “hoping to save a marriage.” Grant’s definition would not only
have been confusing to the jury, but it also would have eliminated the above-noted
important distinctions and, therefore, misstated the law.
¶22 For these reasons, we do not find Grant’s reliance on Perkins
persuasive. In Perkins, the Wisconsin Supreme Court overturned the defendant’s
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No. 2024AP901-CR
conviction for threatening a judge because the jury instructions did not require the
jury to distinguish between a “true threat,” as defined by a vast body of First
Amendment law,5 and threatening language that merely constituted “hyperbole,
jest, innocuous talk, expressions of political views, or other similarly protected
speech.” Perkins, 243 Wis. 2d 141, ¶¶37, 40-49. In Perkins, the defendant’s
threat was not actionable as a matter of law unless it was a “true threat,” but the
jury instruction did not require the jury to make this preliminary finding. Id. In
contrast, in Grant’s case the jury instruction did, in fact, completely and accurately
state the law. As discussed above, there is no legal requirement that a stalking
victim who suffered severe emotional distress by feeling harassed must
additionally prove that the harassment served no legitimate purpose.
¶23 As a final matter, we note that Grant was allowed to, and did in fact,
argue that his conduct did not cause Angie serious emotional distress. In an
extremely thorough cross-examination of Angie and in the closing argument,
defense counsel presented an interpretation of the evidence under which Grant did
not intend to or actually cause Angie to suffer serious emotional distress precisely
because he was merely trying to convince her to stay in the marriage and she knew
that was his purpose. Grant therefore argued that while what he was doing might
have been annoying to Angie, it was not truly harassing or threatening. The jury
was free to reject this view of the evidence, however, and it did so with respect to
Grant’s course of conduct directed at Angie between April 21 and May 1, 2019.
5
As recognized by our supreme court in Kindschy v. Aish, 2024 WI 27, ¶14 n.9, 412
Wis. 2d 319, 8 N.W.3d 1, Counterman v. Colorado, 600 U.S. 66 (2023), abrogated State v.
Perkins, 2001 WI 46, 243 Wis. 2d 141, 626 N.W.2d 762, on the ground that Perkins’s definition
of “true threat” was inconsistent with the definition stated in Counterman.
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No. 2024AP901-CR
By the Court.—Judgment affirmed.
Recommended for publication in the official reports.
12