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.”
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.)
- People v. Holt, 271 Ill.App.3d 1016 (3rd Dist. 1995) (mental state for stalking is knowledge)
Samuel Partida, Jr. is now prosecuting criminal law cases in an Illinois county near you. He is, therefore, unavailable to answer questions on this site. Always remember, there is no substitute for steady, persistent attention to the cases.