Yes, Stalking Can Be a Crime of Domestic Violence in Illinois

Law Offices of Andrew M. Weisberg — Wed, 08 Mar 2023 17:28:05 GMT

Stalking is a serious issue that affects millions of people worldwide. In Illinois, stalking is considered a crime of domestic violence when committed against a person who is a family or household member of the stalker. In this blog post, we will discuss when stalking is considered a crime of domestic violence in Illinois and what to do if you are being charged with stalking. According to the Illinois Domestic Violence Act of 1986, stalking is defined as engaging in the course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of their family or household members. This course of conduct can include following, monitoring, harassing, threatening, or communicating with the victim, either directly or indirectly. When stalking is committed against a family or household member, it is considered a crime of domestic violence in Illinois. Family or household members can include spouses, former spouses, parents, children, stepchildren, siblings, and individuals who currently or previously have lived together or have a child in common.

What Are The Possible Punishments For Stalking In Illinois?

Stalking charges can have severe consequences, including fines, jail time, and a permanent criminal record. If you are being charged with stalking, it is essential to speak with an experienced criminal defense attorney. A criminal defense attorney can help you understand the charges against you, develop a defense strategy, and represent you in court. It is crucial to take stalking charges seriously, even if you believe the accusations are unfounded. The possible criminal punishments for stalking as domestic violence in Illinois can include:

Class 4 Felony. If the stalking incident involves no prior convictions for the same or similar offenses, it can be charged as a Class 4 felony. A Class 4 felony in Illinois can carry a prison sentence of one to three years and fines of up to $25,000.
Class 3 Felony. If the stalking incident involves a prior conviction for the same offense or any similar offenses, or if it is committed in violation of an order of protection or restraining order, it can be charged as a Class 3 felony. A Class 3 felony in Illinois can carry a prison sentence of two to five years and fines of up to $25,000.
Aggravated Stalking. If the stalking incident involves any aggravating factors, such as the use of a deadly weapon, it can be charged as aggravated stalking. Aggravated stalking is a Class 3 felony, and the punishments are the same as those for a Class 3 felony.
Supervision. In some cases, the court may impose a supervision sentence. Supervision is a form of probation where the offender must follow certain conditions, such as completing counseling or community service and avoiding further criminal activity.

It’s important to note that the punishments for stalking as domestic violence can vary depending on the case’s specific circumstances and the judge’s discretion. The victim may also seek a civil restraining order or order of protection against the offender, which can impose additional restrictions and consequences.

What Do I Do If I Am Charged With Stalking In Illinois?

If you are being charged with stalking, gathering evidence to support your defense is essential. This evidence can include the following:

Witness statements
Surveillance footage
Text messages
Other communication records.

Your criminal defense attorney can help you identify and collect this evidence. To prove stalking in a domestic violence case, the prosecution must show that the defendant engaged in a course of conduct directed at the victim that would cause a reasonable person to fear for their safety. The prosecution must also show that the defendant knew or should have known that their behavior would cause the victim to fear for their safety.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Illinois Anti-Stalking Law Casts a Wide Net

Law Offices of Andrew M. Weisberg — Mon, 22 Sep 2014 17:42:54 GMT

Stalking is a crime that many people think they understand based on TV and movie representations. To many people, a stalker is a mentally unhinged person who obsessively follows another person and causes their victim to fear for their safety. In Illinois, though, the definition of criminal stalking is much broader than that and encompasses a number of subjective behaviors and activities, making the crime much more common than you might think.

In some cases, the people charged with criminal stalking are actually surprised to be facing that charge because they didn’t realize that their behavior could be considered stalking under Illinois law. If you are charged with this crime, it’s important to understand the definition of stalking in order to be able to build a defense.

Understanding Illinois Stalking Laws

The most basic definition of stalking under Illinois law 720 ILCS 5/12-7.3 is when someone “knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of action would cause a reasonable person to:”

Fear for their own safety or the safety of another person
Suffer any other emotional distress

Under that law, stalking can include:

Following another person
Placing another person under surveillance
Threatening immediate or future harm to a person or their family on two or more occasions
Compelling a third party to follow or monitor another person

A person doesn’t even need to come into direct contact with their alleged victim in order to be charged with stalking. Cyberstalking is also considered a crime in the state of Illinois, and may include:

Communicating threats through email or other electronic forms of communication
Setting up and maintaining a website or web page that is accessible to one or more third parties for a period of at least 24 hours and that contains harassing statements

Penalties for Criminal Stalking

Stalking and cyberstalking are both Class 4 felonies in Illinois, which can mean a one to three year prison sentence if you’re convicted. If you’ve previously been convicted of stalking, the crime is elevated to a Class 3 felony, which is punishable by a two to five year prison sentence. You may also face fines, probation, difficulty finding a job or getting access to public housing due to your criminal record, and the lifelong stigma of being branded a stalker.

However, it’s important to recognize that a stalking charge does not necessarily mean a stalking conviction. Illinois’ anti-stalking law hinges on the defendant knowingly engaging in behavior that could reasonably be expected to cause another person distress, so you may be able to prove that an action (such as leaving flowers on the alleged victim’s doorstep or emailing someone you went on a date with after finding their email address online) was not intended to be malevolent and that you could not have foreseen that the action would cause distress.

Because the Illinois anti-stalking law is so subjective, it potentially criminalizes a wide range of behaviors. But its subjective nature also means that it’s possible to build a strong defense, as long as you work with an experienced criminal defense attorney. If you’re currently facing a stalking charge, contact a lawyer as soon as possible to learn more about the defenses that may be available to you.