Category Archives: cyberstalking

ILLINOIS CYBERSTALKING LAW DOES NOT VIOLATE FIRST AMENDMENT

You texted some things you probably shouldn’t have to your ex-fiancé. You knew the texts were nasty, but you were blowing off steam. And what about your right to free speech? A recent Illinois court decision has held that certain … Continue reading

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ILLINOIS SUPREME COURT UPHOLDS “REVENGE PORN” STATUTE

The Illinois “Revenge Porn” statute does not require a vengeful intent, and the Illinois Supreme Court has said that is OK. In a recent decision, the court concluded the statute did not violate the First Amendment by unduly restricting free … Continue reading

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THE ILLINOIS CYBERSTALKING LAW: DEFENSES TO USE OF A TRACKING SOFTWARE

You didn’t want your ex- to think they could outsmart you. So you placed an electronic tracking device on their phone. In so doing, you have violated the Illinois cyberstalking law, which prohibits knowingly, surreptitiously, and without lawful justification, placing … Continue reading

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STALKING THROUGH SOCIAL MEDIA IN ILLINOIS

No matter how tempting it may be to strike out at your ex- through seemingly anonymous social media, you could be charged with stalking. In Illinois, stalking through social media can be prosecuted as “monitoring.” A recent Illinois case illustrates … Continue reading

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NEW CYBERSTALKING LAW IN ILLINOIS

After a court ruled that part of the Illinois Cyberstalking law was unconstitutional, the legislature updated the law. Under the new law, you commit cyberstalking when you knowingly, surreptitiously, and without lawful justification, place tracking software on an electronic communication … Continue reading

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CYBERSTALKING AND SEXTING CAN BECOME A HATE CRIME IN ILLINOIS

As of January 1, 2018, sexting or cyberstalking can take on an added dimension. The Illinois Hate Crime statute now includes intimidation, stalking, cyberstalking and transmitting obscene messages within the offense. To be convicted of a hate crime on this … Continue reading

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ILLINOIS STALKING AND CYBERSTALKING LAWS DECLARED UNCONSTITUTIONAL

A recent Illinois appellate court has declared both Illinois’s stalking and cyberstalking laws unconstitutional because they lack the element of intent. The Illinois stalking statute made it a crime to knowingly engage in conduct that would cause a reasonable person … Continue reading

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“BUT I JUST TEXTED!”: THE LAW ON CYBERSTALKING IN ILLINOIS

UPDATE: The Illinois Appellate Court declared this law unconstitutional on June 24, 2016. See our related post Illinois Stalking and Cyberstalking Laws Declared Unconstitutional. You broke up with your girlfriend. You still had something you wanted to say. But she … Continue reading

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THE ILLINOIS LAW ON STALKING

UPDATE: The Illinois Appellate Court declared this law unconstitutional on June 24, 2016. See our related post at Illinois Stalking and Cyberstalking Laws Declared Unconstitutional. You can’t get her out of your mind. So you’ve been following her thinking she … Continue reading

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NEW ILLINOIS CRIMINAL LAW ADDRESSES SEXTING OFFENSES

Illinois will have a new sexting law as of January 1, 2011. Governor Patrick Quinn signed this new section of the Illinois Criminal Code last summer. The new law tries to address the problems that arise when the development of … Continue reading

Posted in Class 4, class 4 felony, class a misdemeanor, class B misdemeanor, criminal charges, criminal law, criminal offense, cyberstalking, pornography, sex offender, sexting, texting harrassment, Texting offenses | Leave a comment