Illinois Anti-Stalking Law

 Posted on December 00,0000 in Chicago criminal defense lawyer

Some people have a fixed image in their minds of a stalker, someone who is wholly obsessed with his victim or someone who sets out to deliberately impose intimidation or fear. In reality, the profile of a person accused of an Illinois stalking offense can be more varied. In fact, the U.S. Department of Justice estimates three million stalking crimes occur each year, making the crime, and those of accused of committing it, more common than may be expected.

What is Criminal Stalking in Illinois?

A person commits a stalking offense under Illinois law when that person knowingly engages in conduct towards a certain person that the accused person knew or should have known would be likely to cause a normal person to:

• Fear for his or her safety or the safety of a loved one; or
• Otherwise suffer emotional distress.

Additionally, a person may be convicted of stalking when he or she knowingly follows or places another person under surveillance, such as by using technology like a GPS, email, or photographic technology to monitor the person. A stalking offense may also relate to compelling a third party to follow or monitor the individual where the accused does at least one of the following:

• Communicates a threat of bodily harm, sexual assault, confinement or restraint to the alleged victim; or
• Places the alleged victim in reasonable fear of bodily harm, sexual assault, confinement or restraint.

Penalties for Stalking

Stalking is a Class 4 felony, which is punishable by one to three years in prison. A second or subsequent conviction is a Class 3 felony punishable by two to five years in prison.

Seeking Help for a Stalking Charge

The Illinois anti-stalking statute discussed above is written in a matter that is both broad and general so as to criminalize a wide range of objectionable stalking behavior. Unfortunately, the crafting of this law also makes it seem possible for individuals whose behavior did not rise to the level of malicious and objectionable stalking to be convicted under this statute.

At Kathryn L. Harry & Associates, P.C., we defend individuals convicted of loosely-defined crimes like the stalking offenses discussed above. We understand that conviction for such a crime can have far reaching effects on our clients’ reputations, livelihoods, and personal lives, and we do all we can to provide skilled criminal defense services to these individuals. For individuals who have been accused or formally charged with stalking and similar offenses but have been acquitted, we can work together to have their records expunged. If you or a loved one has been charged with a crime and would like competent advice from one of our experienced Oak Brook criminal defense attorneys, we encourage you to contact us at 630-472-9700 to learn more about our services.