{"id":373151,"date":"2016-03-31T21:35:11","date_gmt":"2016-04-01T02:35:11","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-stalking-laws.html"},"modified":"2018-03-21T14:49:00","modified_gmt":"2018-03-21T19:49:00","slug":"illinois-stalking-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-stalking-laws.html","title":{"rendered":"Illinois Stalking Laws"},"content":{"rendered":"\n
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Illinois Stalking Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Although stalking<\/a> has only relatively recently been characterized as a criminal offense within the U.S., all 50 states now have some type of anti-stalking law<\/a> on the books. These laws make it a crime to intentionally and repeatedly follow someone for the purpose of harassing that person with threats of violence. Celebrities often invoke stalking laws, as do former spouses or partners, and they also may utilize protective orders<\/a> from courts. While stalking is usually associated with unwanted contact or communication that occurs in-person, it’s important to realize that it can also occur over a variety of other mediums, including telephones, mail, email, internet messaging, and social networks, among others.<\/p>\r\n

In Illinois, stalking is considered a class 4 felony<\/a> that occurs when someone follows or watches the victim on at least two different occasions, causing the victim to feel his or her safety or well-being is at risk in some way. Illinois stalking laws characterize aggravated stalking, a class 3 felony, as that which results in (or is in conjunction with) bodily harm to the victim. Aggravated stalking also includes confining or restraining the victim, as well as violating a court protective order or injunction.<\/p>\r\n

Illinois Stalking Laws: An Overview<\/h2>\r\n

The following table lists the charges and potential penalties under Illinois stalking laws.<\/p>\r\n\r\n
Statutes<\/b><\/td>\r\n

Illinois Statutes Section 5\/12-7.3<\/a><\/b> (stalking) <\/b><\/p>\r\n<\/td>\r\n<\/tr>

Definition of Stalking<\/b><\/td>\r\n
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  1. Knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to either (1) fear for his or her safety or the safety of a third person; or (2) suffer other emotional distress; or<\/li>\r\n
  2. Knowingly and without lawful justification following or surveilling another on at least 2 separate occasions and threatening or placing the victim in reasonable apprehension; or<\/li>\r\n
  3. Aggravated stalking is stalking in conjunction with causing bodily harm, confining or restraining victim or violating court order or injunction.<\/li>\r\n<\/ol>\r\n<\/td>\r\n<\/tr>
Punishment\/Classification<\/b><\/td>\r\n

Stalking<\/i><\/b>: This is a Class 4 Felony punishable by 1-3 years in prison and by fines of up to $25,000. Second or subsequent offenses are Class 3 Felonies punishable by 2-5 years in prison and up to $25,000 in fines.<\/p>\r\n

Aggravated Stalking<\/i><\/b>: This is a Class 3 Felony punishable as described above.<\/p>\r\n<\/td>\r\n<\/tr>

Constitutionally Protected Activities Exempted?<\/b><\/td>\r\n

Yes as picketing or the exercise of the right of free speech or assembly are exempted if otherwise lawful.<\/p>\r\n<\/td>\r\n<\/tr>

Defenses<\/b><\/td>\r\n

Defenses can include:<\/p>\r\n