Under Illinois criminal law, there are four types of stalking:
* Knowingly engaging in a course of conduct that you should have known would cause a reasonable person to fear for their own or another’s safety or cause them to suffer emotional distress.
*Knowingly and without legal justification, at least twice, following or surveilling the other person, and threatening them or their family member with bodily harm, sexual assault, confinement or restraint, or causing them to reasonably fear such harm.
*Following and threatening the same person you were previously convicted for stalking.
*Making threats that are part of a course of conduct, and you are aware of the threatening nature of your speech.
A “course of conduct” means two or more acts, including indirect acts or acts through a third party, by any means where you follow, surveil, threaten or communicate to or about a person, make contact without their consent or interfere with their property or pet.
Stalking is a Class 4 felony, punishable by 1 to 3 years in prison. A later offense is a Class 3 felony, punishable by 2 to 5 years.
If you are charged with stalking or a similar offense, contact an experienced criminal law attorney immediately. As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt. Did you act knowingly? Were your actions a course of conduct? Is the victim’s fear reasonable? Were you acting in self defense? Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
Reference: 720 ILCS 5/12-7.3
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
