Stalking Laws in Illinois – What You Need to Know
Stalking can be a scary and dangerous crime. It’s when someone repeatedly harasses or threatens you, causing you to fear for your safety. I’m writing this article to help people in Illinois understand the stalking laws here.
What is Stalking?
Stalking is generally when someone repeatedly watches, follows, threatens, or communicates with you in a harassing way. This causes you to feel afraid, anxious, or distressed about your own safety or the safety of your family.
The stalker’s conduct has to occur on at least two separate occasions to be considered stalking under Illinois law. But the fear and emotional distress felt by the victim can build up over time as the stalking continues.
Examples of Stalking Behavior
Some common stalking behaviors include:
- Repeatedly following you, watching you, calling you, texting you, or contacting you on social media when you’ve asked them to stop
- Showing up at your home, work, or school when they have no reason to be there
- Threatening to hurt you, your family, friends, or pets
- Damaging your property, like slashing your tires
- Spreading false rumors about you online or in-person
Stalkers can be current or former friends, acquaintances, relatives, romantic partners, or even complete strangers. Stalking is never okay.
Stalking Laws in Illinois
Here in Illinois, stalking is against the law under 720 ILCS 5/12-7.3. This law makes it a crime to knowingly engage in a “course of conduct” directed at a specific person that would cause a reasonable person to fear for their own safety or suffer emotional distress.
Some key points about Illinois’ anti-stalking law:
- Stalking is a Class 4 felony, punishable by 1-3 years in prison and fines up to $25,000.
- If the stalker violates a court order or injunction related to the stalking, it becomes a Class 3 felony with higher penalties.
- Stalking a minor under 18 is a Class 3 felony with enhanced penalties.
- The law also prohibits cyberstalking – stalking someone online.
What Should You Do if You Are Being Stalked?
If you feel you are being stalked, take it seriously and take action. Some important steps include:
- Trust your instincts – if a person’s conduct scares you, avoid them and look into your legal options.
- Document everything – keep a record of all incidents and contacts with the stalker.
- Report to the police – stalking is a crime, so report every incident to the police. Give them your documentation. They can investigate, give warnings, make arrests, and refer you to victim resources.
- Get a court order – courts can issue stalking or harassment injunctions ordering the stalker to stay away from you and cease all contact. Violating the order can lead to arrest and criminal charges.
- Tell family and friends – have your support network aware of the situation in case you need help.
- Prioritize safety – get security cameras, change locks, vary your routine, and consider self-defense classes.
Stalking often escalates, so early reporting and prevention are key. Don’t wait – trust your instincts and get help.
Cyberstalking – Stalking Online
With technology today, more stalking takes place online through emails, social media, GPS tracking apps, hidden cameras, and more.
Cyberstalking is a crime just like physical stalking. The same Illinois law prohibits using electronic communications to repeatedly harass or threaten someone and cause distress or fear.
Tips for dealing with cyberstalking:
- Document everything – save texts, posts, emails, etc. as evidence.
- Block the stalker everywhere you can – social media, phone, email.
- Report to police – they have cybercrime units to investigate technology-facilitated stalking.
- Contact websites or apps to remove content or ban accounts used for stalking purposes.
- Avoid sharing too much personal info online that a stalker could use to target you.
Stalking Defenses and Challenges
While stalking laws aim to protect victims, legal defenses exist that the accused stalker can use in court. Common defenses include:
Consent – The stalker claims the victim consented to contact. But true consent can’t happen if a reasonable person would be fearful.
Misidentification – The stalker says it wasn’t actually them doing the stalking. Identity has to be proven.
No fear caused – The stalker argues their conduct wouldn’t cause a reasonable person to be afraid, though victims can have varied reactions.
Free speech – The stalker claims they were exercising free speech rights. But speech that causes fear for safety is not legally protected.
Proving stalking can have challenges too. It’s key for victims to document evidence and report all incidents when they happen. Witnesses and corroboration help too.
Stalking trials often come down to the credibility of the victim versus the stalker. Supportive documentation bolsters the victim’s side.
Staying Vigilant with Security
Stalking creates long-term safety concerns even after reporting to police or getting a court order. It’s important for victims to remain vigilant with security like:
- Using a buddy system when out in public
- Carrying pepper spray and personal alarms
- Varying daily routines to be less predictable
- Keeping phones charged and location sharing on
- Adding security systems and outdoor lighting at home
- Trusting instincts – if a place/situation feels unsafe, leave
With proper precautions, documentation, and police reporting, stalking victims can better protect themselves while pursuing justice against the stalker through the legal system.
Seek Support and Don’t Blame Yourself
Being stalked can negatively impact mental health. Many victims develop anxiety, PTSD, depression, or insomnia from the trauma and fear.
It’s important to know that the stalker alone is to blame – not the victim. And help is available through counseling, support groups, crisis hotlines, and victim advocates. Speaking with others helps prevent isolation and restore a sense of safety.
Conclusion
Stalking is a complex yet common issue that can escalate if left unchecked. Illinois laws allow victims to pursue justice against stalkers who repeatedly harass and invoke fear. But documentation, reporting, safety planning, and support are all crucial to stopping the stalking and coping with the aftermath.
If you or someone you know is being stalked, know that help is out there. Trust your instincts, stay safe, and speak up to get the stalking to stop.