720 ILCS 5/12-7.3 – Stalking

720 ILCS 5/12-7.3 – Stalking

This law makes it a crime to repeatedly follow, watch, or threaten someone in a way that causes fear or emotional distress.

This Illinois law says that a person commits stalking when they repeatedly follow, watch, or contact someone knowing it will make that person afraid, upset, or worried for their safety or the safety of someone else. Stalking can include physical actions or messages sent electronically.

(a) A person commits stalking if they knowingly act in a way directed at another person that cases that person to:

1. Fear for their safety or the safety of someone else; or
2. Suffer emotional distress.

(a-3) A person commits stalking if, on at least two different occasions, they knowingly and without a legal reason follow or watch someone and:

1. Make a threat of physical harm, sexual assault, confinement, or restraint toward that person or their family; or
2. Cause that person to reasonably fear being harmed, assaulted, confined, or restrained in the future.

(a-5) A person who has already been convicted of stalking can be convicted a second time if they knowingly and without a good reason:

1. Following or watching the same person; and
2. Making a threat of physical harm, sexual assault, confinement, or restraint to that person or their family,

(a-7) Making threats as part of a pattern of behavior, while knowing those words are threatening, also counts as stalking.

(b) Sentence: Stalking is a Class 4 felony. A second or later conviction is a Class 3 felony.

(c) Definitions: Important terms in this law include:

1. “Course of conduct” means two or more actions, such as following, observing, threatening, contacting someone, or damaging their property–done directly or indirectly, including electronically.
2. “Electronic communication” means sending information like messages, sounds, or data by devices such as phones or computers, including over the internet.
3. “Emotional distress” means serious fear, stress, or mental suffering.
4. “Family member” means close relatives like parents, grandparents, siblings, or children, including stepfamily and people who live or lived in the same home in the last 6 months.
5. “Follows another person” means moving near someone as they move or staying close while they are still, but not inside the stalker’s own home.
6. “Non-consensual contact” means any unwanted contact, like showing up near someone, at their house or workplace, or sending unwanted items.
7. “Places a person under surveillance” means waiting near the person’s home, school, car, or job, or using a tracking device to watch them.
8. “Reasonable person” means someone in the same situation who would react in a normal, sensible way.
9. “Transmits a threat” means giving threats through words, written messages, or behavior that implies harm.

(d) This law does not apply to:

1. People or organizations lawfully checking for public or worker safety, lawful workplace protests, or labor disputes.
2. Lawful free speech or peaceful assembly.
3. Phone or internet companies that only provide services used by others who break this law, unless the companies act intentionally to help commit the crime.

(d-5) Being in jail doesn’t prevent someone from being charged with stalking if they threaten or continue stalking from prison.

(d-10) If a person tells someone else to commit stalking for them, they are just as guilty as if they did it themselves, even if the other person didn’t mean any harm.

View the full statute here.

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