The Illinois stalking statute says the following:

“A person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to: (1) fear for his or her safety or the safety of a third person; or (2) suffer other emotional distress.”

720 ILCS 5/12-7.3(a)(1), (a)(2).

The phrase “course of conduct” is defined in subsection (c) as:

“2 or more acts, including but not limited to acts in which a defendant directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other non-consensual contact, or interferes with or damages a person’s property or pet. A course of conduct may include contact via electronic communications.”

720 ILCS 5/12-7.3(c)(1).

See Also

• People v. Relerford, 2017 IL 121094 (November). Episode 425 (Duration 7:38) (Just a small part of the Illinois stalking statute was declared unconstitutional.)
• People v. Ashley, 2020 IL 123989 (January). Episode 736 (Duration 11:41) (Illinois Supreme Court true threats remain unlawful under the stalking statutes.)
• People v. Morocho, 2019 IL App (1st) 153232 (June). Episode 654 (Duration 10:19) (Ashley overruled this case which tried to declare § (a)(2) of the stalking statute unconstitutional.)

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People v. Ashley, 2020 IL 123989 (January). Episode 736 (Duration 11:41)

Illinois Supreme Court true threats remain unlawful under the stalking statutes.

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People v. Morocho, 2019 IL App (1st) 153232 (June). Episode 654 (Duration 10:19)

Another subsection of the Stalking Statute is facially overbroad and unconstitutional. [Read more…]