720 ILCS 5/12-7.5 – Cyberstalking

720 ILCS 5/12-7.5 – Cyberstalking

This law makes it a crime to use electronic communication to repeatedly scare, threaten, or harass someone.

Illinois law says that using technology–like phones, computers, or the internet–to threaten, monitor, or emotionally harm someone can lead to a felony charge called cyberstalking. People can be punished more seriously if they do it again after being convicted once.

(a) A person commits cyberstalking if they use electronic communication to contact another person in a way that would make a reasonable person:

1. Fear for their safety, or
2. Suffer serious emotional distress.

(a-3) Cyberstalking also happens if someone harasses another person at least twice using electronic communication and:

1. Makes a threat of harm, sexual assault, confinement, or restraint against that person or their family.
2. Makes that person or their family reasonably fear harm, sexual assault, confinement, or restraint.
3. Asks someone else to commit a crime against that person or their family.

(a-4) It is also cyberstalking to secretly put tracking software or spyware on another person’s device to harass them, if the person:

1. Makes threats of harm or assault. toward that person or their family.
2. Causes them to reasonably fear harm or assault.
3. Encourages someone else to commit a crime against them or their family.

It is not “secret” if the owner or main users were clearly informed or gave written or electronic permission for the tracking software.

(a-5) A person also commits cyberstalking if they knowingly create and keep a website for at least 24 hours that harasses another person and:

1. Includes threats of harm, assault, or confinement against that person or their family.
2. Causes them to fear those harms.
3. Encourages someone else to commit a crime against them or their family.

(b) Sentence: Cyberstalking is a Class 4 felony. If a person is convicted again, it becomes a Class 3 felony.

(c) Definitions:

0. 5 “Anxiety” means excessive worry for at least six months, along with symptoms like restlessness, tiredness, trouble concentrating, irritability, muscle tension, or poor sleep.
1. “Course of conduct” means doing two or more acts, like following, watching, threatening, or communicating with someone without their consent.
2. “Electronic communication” means sending messages through phones, computers, or other devices such as texts, emails, or calls.
   1. “Electronic communication device” includes items like cell phones or laptops.
   2. “Electronic monitoring software or spyware” means software used secretly to track a person’s computer activity to harm them.
3. “Emotional distress” means serious mental suffering or anxiety.
4. “Harass” means to repeatedly alarm, torment, or frighten someone on purpose.
5. “Non-consensual contact” means contacting someone without their permission, such as following them, showing up at their home or workplace, or leaving unwanted items.
6. “Reasonable person” means an average person in the victim’s situation who knows the background between the people involved.
7. “Third party” means anyone other than the offender and the victim.

(d) Internet and phone companies are not responsible for cyberstalking actions of others unless they act with extreme disregard or intent to cause harm.

(e) If someone makes another person carry out cyberstalking for them, they are just as guilty as if they had done it themselves.

(f) It is not a crime under this law to:

1. Maintain or update software, networks, or devices according to normal use rules.
2. Enforce contract terms or software licenses.
3. Prevent spam or unwanted messages.

View the full statute here.

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