720 ILCS 5/12-7.4 – Aggravated Stalking

720 ILCS 5/12-7.4 – Aggravated Stalking

This law makes stalking more serious if it causes harm, restrains a victim, or breaks a court order (such as with a sex offender).

This Illinois law says that if someone stalks another person and causes them harm, traps them, breaks a protective order, or if the stalker is a registered sex offender targeting the same victim, it becomes “aggravated stalking,” which is a felony crime with serious penalties.

(a) A person commits aggravated stalking if they stalk someone and any of the following happen:

1. The victim is injured.
2. The victim is trapped or held against their will.
3. The stalker breaks a court order such as a restraining order, order of protection, or no-contact order.

(a-1) Someone who must register as a sex offender (or used to have to register) commits aggravated stalking if they stalk the same person they offended before, or that person’s family member.

(b) Sentence: Aggravated stalking is punished as a Class 3 felony. A second offense is punished as a Class 2 felony, which is more serious.

(c) Some actions are not considered stalking under this law:

1. People or groups checking for safety, proper work conditions, or labor issues, or those peacefully picketing for fair work conditions.
2. People using their lawful right to free speech or to gather peacefully.
3. Phone companies, mobile providers, and internet companies aren’t guilty under this law unless they knowingly do something wrong while transmitting or storing others’ messages.

(d) If someone tells another person to stalk for them, the first person is just as guilty as if they did it themselves, even if the helper didn’t fully understand what they were doing.

View the full statute here.

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