Bill Text: IL HB3278 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Increases the penalties for stalking, aggravated stalking, and cyberstalking by one class if the victim of the offense is under 18 years of age at the time of the offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3278 Detail]

Download: Illinois-2021-HB3278-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3278 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-7.3 from Ch. 38, par. 12-7.3
720 ILCS 5/12-7.4 from Ch. 38, par. 12-7.4
720 ILCS 5/12-7.5
Amends the Criminal Code of 2012. Increases the penalties for stalking, aggravated stalking, and cyberstalking by one class if the victim of the offense is under 18 years of age at the time of the offense.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Sections 12-7.3, 12-7.4, and 12-7.5 as follows:
(720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
Sec. 12-7.3. Stalking.
(a) A person commits stalking when he or she knowingly
engages in a course of conduct directed at a specific person,
and he or she knows or should know that this course of conduct
would cause a reasonable person to:
(1) fear for his or her safety or the safety of a third
person; or
(2) suffer other emotional distress.
(a-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

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immediate or future bodily harm, sexual assault,
confinement or restraint to or of that person or a family
member of that person.
(a-5) 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 to that
person or a family member of that person.
(b) Sentence.
(1) Except as otherwise provided in paragraphs (2) and
(3) of this subsection (b), stalking Stalking is a Class 4
felony. ; a
(2) Except as otherwise provided in paragraph (3) of
this subsection (b), a second or subsequent conviction for
stalking is a Class 3 felony.
(3) If the victim of stalking is under 18 years of age
at the time of the offense, stalking is a Class 3 felony
for a first conviction and a Class 2 felony for a second or
subsequent conviction.
(c) Definitions. For purposes of this Section:
(1) "Course of conduct" means 2 or more acts,
including but not limited to acts in which a defendant
directly, indirectly, or through third parties, by any

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action, method, device, or means follows, monitors,
observes, surveils, threatens, or communicates to or
about, a person, engages in other non-consensual contact,
or interferes with or damages a person's property or pet.
A course of conduct may include contact via electronic
communications.
(2) "Electronic communication" means any transfer of
signs, signals, writings, sounds, data, or intelligence of
any nature transmitted in whole or in part by a wire,
radio, electromagnetic, photoelectric, or photo-optical
system. "Electronic communication" includes transmissions
by a computer through the Internet to another computer.
(3) "Emotional distress" means significant mental
suffering, anxiety or alarm.
(4) "Family member" means a parent, grandparent,
brother, sister, or child, whether by whole blood,
half-blood, or adoption and includes a step-grandparent,
step-parent, step-brother, step-sister or step-child.
"Family member" also means any other person who regularly
resides in the household, or who, within the prior 6
months, regularly resided in the household.
(5) "Follows another person" means (i) to move in
relative proximity to a person as that person moves from
place to place or (ii) to remain in relative proximity to a
person who is stationary or whose movements are confined
to a small area. "Follows another person" does not include

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a following within the residence of the defendant.
(6) "Non-consensual contact" means any contact with
the victim that is initiated or continued without the
victim's consent, including but not limited to being in
the physical presence of the victim; appearing within the
sight of the victim; approaching or confronting the victim
in a public place or on private property; appearing at the
workplace or residence of the victim; entering onto or
remaining on property owned, leased, or occupied by the
victim; or placing an object on, or delivering an object
to, property owned, leased, or occupied by the victim.
(7) "Places a person under surveillance" means: (1)
remaining present outside the person's school, place of
employment, vehicle, other place occupied by the person,
or residence other than the residence of the defendant; or
(2) placing an electronic tracking device on the person or
the person's property.
(8) "Reasonable person" means a person in the victim's
situation.
(9) "Transmits a threat" means a verbal or written
threat or a threat implied by a pattern of conduct or a
combination of verbal or written statements or conduct.
(d) Exemptions.
(1) This Section does not apply to any individual or
organization (i) monitoring or attentive to compliance
with public or worker safety laws, wage and hour

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requirements, or other statutory requirements, or (ii)
picketing occurring at the workplace that is otherwise
lawful and arises out of a bona fide labor dispute,
including any controversy concerning wages, salaries,
hours, working conditions or benefits, including health
and welfare, sick leave, insurance, and pension or
retirement provisions, the making or maintaining of
collective bargaining agreements, and the terms to be
included in those agreements.
(2) This Section does not apply to an exercise of the
right to free speech or assembly that is otherwise lawful.
(3) Telecommunications carriers, commercial mobile
service providers, and providers of information services,
including, but not limited to, Internet service providers
and hosting service providers, are not liable under this
Section, except for willful and wanton misconduct, by
virtue of the transmission, storage, or caching of
electronic communications or messages of others or by
virtue of the provision of other related
telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(d-5) The incarceration of a person in a penal institution
who commits the course of conduct or transmits a threat is not
a bar to prosecution under this Section.
(d-10) A defendant who directed the actions of a third

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party to violate this Section, under the principles of
accountability set forth in Article 5 of this Code, is guilty
of violating this Section as if the same had been personally
done by the defendant, without regard to the mental state of
the third party acting at the direction of the defendant.
(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11;
97-311, eff. 8-11-11; 97-1109, eff. 1-1-13.)
(720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
Sec. 12-7.4. Aggravated stalking.
(a) A person commits aggravated stalking when he or she
commits stalking and:
(1) causes bodily harm to the victim;
(2) confines or restrains the victim; or
(3) violates a temporary restraining order, an order
of protection, a stalking no contact order, a civil no
contact order, or an injunction prohibiting the behavior
described in subsection (b)(1) of Section 214 of the
Illinois Domestic Violence Act of 1986.
(a-1) A person commits aggravated stalking when he or she
is required to register under the Sex Offender Registration
Act or has been previously required to register under that Act
and commits the offense of stalking when the victim of the
stalking is also the victim of the offense for which the sex
offender is required to register under the Sex Offender
Registration Act or a family member of the victim.

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(b) Sentence.
(1) Except as otherwise provided in paragraphs (2) and
(3) of this subsection (b), aggravated Aggravated stalking
is a Class 3 felony. ;
(2) Except as otherwise provided in paragraph (3) of
this subsection (b), a second or subsequent conviction for
aggravated stalking is a Class 2 felony.
(3) If the victim of aggravated stalking is under 18
years of age at the time of the offense, aggravated
stalking is a Class 2 felony for a first conviction and a
Class 1 felony for a second or subsequent conviction.
(c) Exemptions.
(1) This Section does not apply to any individual or
organization (i) monitoring or attentive to compliance
with public or worker safety laws, wage and hour
requirements, or other statutory requirements, or (ii)
picketing occurring at the workplace that is otherwise
lawful and arises out of a bona fide labor dispute
including any controversy concerning wages, salaries,
hours, working conditions or benefits, including health
and welfare, sick leave, insurance, and pension or
retirement provisions, the managing or maintenance of
collective bargaining agreements, and the terms to be
included in those agreements.
(2) This Section does not apply to an exercise of the
right of free speech or assembly that is otherwise lawful.

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(3) Telecommunications carriers, commercial mobile
service providers, and providers of information services,
including, but not limited to, Internet service providers
and hosting service providers, are not liable under this
Section, except for willful and wanton misconduct, by
virtue of the transmission, storage, or caching of
electronic communications or messages of others or by
virtue of the provision of other related
telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(d) A defendant who directed the actions of a third party
to violate this Section, under the principles of
accountability set forth in Article 5 of this Code, is guilty
of violating this Section as if the same had been personally
done by the defendant, without regard to the mental state of
the third party acting at the direction of the defendant.
(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11;
97-311, eff. 8-11-11; 97-468, eff. 1-1-12; 97-1109, eff.
1-1-13.)
(720 ILCS 5/12-7.5)
Sec. 12-7.5. Cyberstalking.
(a) A person commits cyberstalking when he or she engages
in a course of conduct using electronic communication directed
at a specific person, and he or she knows or should know that

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would cause a reasonable person to:
(1) fear for his or her safety or the safety of a third
person; or
(2) suffer other emotional distress.
(a-3) A person commits cyberstalking when he or she,
knowingly and without lawful justification, on at least 2
separate occasions, harasses another person through the use of
electronic communication 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 or a family member of that
person in reasonable apprehension of immediate or future
bodily harm, sexual assault, confinement, or restraint; or
(3) at any time knowingly solicits the commission of
an act by any person which would be a violation of this
Code directed towards that person or a family member of
that person.
(a-4) A person commits cyberstalking when he or she
knowingly, surreptitiously, and without lawful justification,
installs or otherwise places electronic monitoring software or
spyware on an electronic communication device as a means to
harass another person and:
(1) at any time transmits a threat of immediate or
future bodily harm, sexual assault, confinement, or

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restraint and the threat is directed towards that person
or a family member of that person;
(2) places that person or a family member of that
person in reasonable apprehension of immediate or future
bodily harm, sexual assault, confinement, or restraint; or
(3) at any time knowingly solicits the commission of
an act by any person which would be a violation of this
Code directed towards that person or a family member of
that person.
For purposes of this Section, an installation or placement
is not surreptitious if:
(1) with respect to electronic software, hardware, or
computer applications, clear notice regarding the use of
the specific type of tracking software or spyware is
provided by the installer in advance to the owners and
primary users of the electronic software, hardware, or
computer application; or
(2) written or electronic consent of all owners and
primary users of the electronic software, hardware, or
computer application on which the tracking software or
spyware will be installed has been sought and obtained
through a mechanism that does not seek to obtain any other
approvals or acknowledgement from the owners and primary
users.
(a-5) A person commits cyberstalking when he or she,
knowingly and without lawful justification, creates and

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maintains an Internet website or webpage which is accessible
to one or more third parties for a period of at least 24 hours,
and which contains statements harassing another person and:
(1) which communicates a threat of immediate or future
bodily harm, sexual assault, confinement, or restraint,
where the threat is directed towards that person or a
family member of that person, or
(2) which places that person or a family member of
that person in reasonable apprehension of immediate or
future bodily harm, sexual assault, confinement, or
restraint, or
(3) which knowingly solicits the commission of an act
by any person which would be a violation of this Code
directed towards that person or a family member of that
person.
(b) Sentence.
(1) Except as otherwise provided in paragraphs (2)
and (3) of this subsection (b), cyberstalking
Cyberstalking is a Class 4 felony. ;
(2) Except as otherwise provided in paragraph (3) of
this subsection (b), a second or subsequent conviction for
cyberstalking is a Class 3 felony.
(3) If the victim of cyberstalking is under 18 years
of age at the time of the offense, cyberstalking is a Class
3 felony for a first conviction and a Class 2 felony for a
second or subsequent conviction.

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(c) For purposes of this Section:
(1) "Course of conduct" means 2 or more acts,
including but not limited to acts in which a defendant
directly, indirectly, or through third parties, by any
action, method, device, or means follows, monitors,
observes, surveils, threatens, or communicates to or
about, a person, engages in other non-consensual contact,
or interferes with or damages a person's property or pet.
The incarceration in a penal institution of a person who
commits the course of conduct is not a bar to prosecution
under this Section.
(2) "Electronic communication" means any transfer of
signs, signals, writings, sounds, data, or intelligence of
any nature transmitted in whole or in part by a wire,
radio, electromagnetic, photoelectric, or photo-optical
system. "Electronic communication" includes transmissions
through an electronic device including, but not limited
to, a telephone, cellular phone, computer, or pager, which
communication includes, but is not limited to, e-mail,
instant message, text message, or voice mail.
(2.1) "Electronic communication device" means an
electronic device, including, but not limited to, a
wireless telephone, personal digital assistant, or a
portable or mobile computer.
(2.2) "Electronic monitoring software or spyware"
means software or an application that surreptitiously

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tracks computer activity on a device and records and
transmits the information to third parties with the intent
to cause injury or harm. For the purposes of this
paragraph (2.2), "intent to cause injury or harm" does not
include activities carried out in furtherance of the
prevention of fraud or crime or of protecting the security
of networks, online services, applications, software,
other computer programs, users, or electronic
communication devices or similar devices.
(3) "Emotional distress" means significant mental
suffering, anxiety or alarm.
(4) "Harass" means to engage in a knowing and willful
course of conduct directed at a specific person that
alarms, torments, or terrorizes that person.
(5) "Non-consensual contact" means any contact with
the victim that is initiated or continued without the
victim's consent, including but not limited to being in
the physical presence of the victim; appearing within the
sight of the victim; approaching or confronting the victim
in a public place or on private property; appearing at the
workplace or residence of the victim; entering onto or
remaining on property owned, leased, or occupied by the
victim; or placing an object on, or delivering an object
to, property owned, leased, or occupied by the victim.
(6) "Reasonable person" means a person in the victim's
circumstances, with the victim's knowledge of the

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defendant and the defendant's prior acts.
(7) "Third party" means any person other than the
person violating these provisions and the person or
persons towards whom the violator's actions are directed.
(d) Telecommunications carriers, commercial mobile service
providers, and providers of information services, including,
but not limited to, Internet service providers and hosting
service providers, are not liable under this Section, except
for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(e) A defendant who directed the actions of a third party
to violate this Section, under the principles of
accountability set forth in Article 5 of this Code, is guilty
of violating this Section as if the same had been personally
done by the defendant, without regard to the mental state of
the third party acting at the direction of the defendant.
(f) It is not a violation of this Section to:
(1) provide, protect, maintain, update, or upgrade
networks, online services, applications, software, other
computer programs, electronic communication devices, or
similar devices under the terms of use applicable to those
networks, services, applications, software, programs, or

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devices;
(2) interfere with or prohibit terms or conditions in
a contract or license related to networks, online
services, applications, software, other computer programs,
electronic communication devices, or similar devices; or
(3) create any liability by reason of terms or
conditions adopted, or technical measures implemented, to
prevent the transmission of unsolicited electronic mail or
communications.
(Source: P.A. 100-166, eff. 1-1-18.)