Illinois Law Related To Stalking

Stalking
720 ILCS 5/12-7.3

A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and:

  1. at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or
  2. places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or
  3. places that person in reasonable apprehension that a family member will receive immediate or future bodily harm, sexual assault, confinement or restraint.

A person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful justification on one occasion:

  1. follows that same person or places that same person under surveillance; and
  2. transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint; and
  3. the threat is directed towards that person or a family member of that person.

Aggravated Stalking
720 ILCS 5/12-7.4

A person commits aggravated stalking when he or she, in conjunction with committing the offense of stalking, also does any of the following:

  1. causes bodily harm to the victim;
  2. confines or restrains the victim; or
  3. violates a temporary restraining order, an order of protection, or an injunction prohibiting the behavior described in subsection (b)(1) of Section 214 of the Illinois Domestic Violence Act of 1986.
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